You think a prenuptial agreement is a set-it-and-forget-it document. You sign it at 25, and it protects you until you are 85. Jos Family Law is here to challenge that assumption. A prenup that is fair when you are a broke medical student is arguably unconscionable when you are a wealthy surgeon married for 30 years. If you don't include a "Sunset Clause" or periodic review terms, you are locking yourself into a financial prison that ignores the reality of how life changes.
When people ask, "Can You Write Your Own Prenup and Have it Notarized?" they are usually looking for a quick fix to protect their current assets. They rarely think about the future. A DIY template almost never includes a Sunset Clause—a provision that phases out the prenup after a certain number of years (e.g., 10, 15, or 20 years of marriage). Without this, you could be 60 years old, having raised three children and supported your spouse's career, and still be subject to a contract that waives all your rights to spousal support and community property because of a paper you signed three decades ago.
We challenge the idea that a prenup should last forever. If a marriage survives the trials of time, the partnership becomes a true merger. At a certain point, the "mine vs. yours" distinction should dissolve. A Sunset Clause acknowledges this. It says, "If we make it to our 20th anniversary, this contract dissolves, and we revert to standard community property laws." This is fair. It rewards longevity. It recognizes that the longer you are married, the more your lives—and your finances—are inextricably intertwined.
Courts are also increasingly skeptical of ancient prenups that leave one spouse destitute while the other hoards millions. By omitting a mechanism for the contract to evolve or expire, you are actually increasing the likelihood that a judge will throw the whole thing out for being unfair at the time of enforcement. You are trading short-term convenience for long-term vulnerability.
Don't write a contract for your 2024 self that punishes your 2050 self. A static document is a dangerous document. You need a living agreement that grows with your marriage.
To challenge the static contract and draft a dynamic one, contact Jos Family Law. https://josfamilylaw.com/