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Prenuptial Agreements In Las Vegas, Nevada
A prenuptial agreement, also known as a premarital agreement, is a contract between two people who intend to marry. A prenuptial agreement won’t take effect until after the couple marries. If the wedding is called off, the contract becomes void. Prenups must be in writing and signed by both spouses and must be in writing. In Nevada, unlike a will, they don’t need to be notarized or witnessed. These sorts of agreements generally address marital rights and responsibilities as well as property division if one spouse dies or divorces. Although prenups are common and relatively straightforward, there are often serious issues that can arise prior to the agreement, and especially after an agreement if a divorce is filed between the two parties. For more information about prenuptial agreements in Nevada, contact our experienced Las Vegas prenuptial agreement attorney at Spartacus Family Law today for an initial consultation and to learn more about how we can help.
Benefits Of A Prenuptial Agreement In Nevada
A prenuptial agreement can benefit almost any married couple. It gives you control over your assets and property should you get divorced or pass away, rather than leaving those choices to state law and the court system. It can avoid issues while you’re together by establishing some ground rules and managing expectations from the start. Although prenups can be useful in any marriage, some couples can benefit much more than others. For example, when one or both spouses has a lot of assets before the wedding or expects to get a large inheritance in the future, an expressly worded prenuptial agreement is usually necessary. A prenuptial agreement in Las Vegas can also help if you have children from a prior relationship. If you live in Clark County and want to establish a valid prenuptial agreement, here are some things to keep in mind:
A prenuptial agreement may also set out certain parameters, such as what will happen if there is adultery or another catastrophe. It can also state what happens in the event of infidelity or any other issue. While you are free to write whatever provisions you like in your prenup, there are some restrictions to be aware of. Agreements that get into details such as maintaining a certain appearance, a schedule for household chores, or sexual obligations, may be thrown out entirely. Also, a prenuptial agreement cannot limit a spouse’s right to seek prosecution for crimes such as domestic violence, nor can it prevent or limit child support obligations or designate child custody. It’s important to understand that although prenuptial agreements can be very beneficial, they can also be damaging if not worded correctly. That’s why it’s always recommended to work with a qualified Las Vegas prenup attorney who handles these types of cases on a routine basis.
What Does A Prenuptial Agreement Cover?
A premarital contract might take the place of divorce litigation in which assets are divided and alimony is given to a needy spouse. Prenuptial agreements will generally cover one or more of the following topics:
Prenuptial agreements, like any type of contract, may not cover every eventuality. Certain issues are off-limits, even though prenuptial agreements can address a wide range of topics. Specifically, couples cannot agree to limit criminal charges such as domestic abuse or force one spouse to assume the other’s obligations. Furthermore, courts will not enforce any prenup clauses that try to handle child custody or support concerns.
Enforcing Prenuptial Agreements In Nevada
A premarital agreement entered into before October 1, 1989, is enforceable in Nevada if it complies with NRS Chapter 123A (the Uniform Premarital Agreement Act), or Nevada common law. The Nevada Statutes define the term “premarital agreement” as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” A post-nuptial or post-marital agreement may also be entered into, although different provisions of Nevada law apply.
A premarital agreement is enforceable without consideration under Nevada law if it is in writing and signed by both spouses. According to NRS 123A.040, a premarital agreement can include any terms that the parties want to include, as long as they are written and signed by both individuals. Alimony may be voided in accordance with the UPAA. NRS 123A.050. Other agreements, on the other hand, set a minimum or maximum amount of alimony to be paid in the case of a divorce based on certain criteria. If the court finds that a prenuptial agreement is unconscionable at signing, it will not be enforced. In fact, NRS 123A.080 states that if the parties did not fully disclose their assets and responsibilities before executing the agreement, then it will not be enforced by the court.
NRS 123A.050
1. Parties to a premarital agreement may contract with respect to:
(a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(b) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(c) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(d) The modification or elimination of alimony or support or maintenance of a spouse;
(e) The making of a will, trust or other arrangement to carry out the provisions of the agreement;
(f) The ownership rights in and disposition of the death benefit from a life insurance policy;
(g) The choice of law governing the construction of the agreement; and
(h) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
2. The right of a child to support may not be adversely affected by a premarital agreement.
Nevada Uniform Premarital Agreement Act
Like many family law issues, every couple’s prenuptial agreement in Nevada is different. Although standard agreements must cover general assets, our skilled Las Vegas prenuptial agreement lawyer at Spartacus Family Law works to ensure that your contract includes all of the assets that you wish to protect. The Nevada Uniform Premarital Agreement Act (NRS Chapter 123A) states that a prenup can cover the following:
Limitations On Premarital Agreements In Nevada
According to NRS 123A.080(2), the Nevada courts will not enforce a provision of a premarital agreement that modifies or eliminates alimony or support or maintenance of a spouse, if this agreement would allow one party to the agreement to be eligible for public assistance at the time of marital dissolution. In certain cases, notwithstanding the provisions of the agreement, a court may order the other party to provide assistance as needed to avoid public assistance eligibility. When a court determines that a prenuptial or premarital agreement is unjust as a matter of law, it has the authority to reject its enforcement.
NRS 123A.080 Enforcement: Generally.
1. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(a) That party did not execute the agreement voluntarily;
(b) The agreement was unconscionable when it was executed; or
(c) Before execution of the agreement, that party:
(1) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
2. If a provision of a premarital agreement modifies or eliminates alimony or support or maintenance of a spouse, and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
3. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
Frequently Asked Questions
What Makes A Prenup Unenforceable In Nevada?
The most essential reason for hiring a Las Vegas prenup attorney when drafting your prenuptial agreement is to ensure that it is legally valid and enforceable. Some people don’t realize what needs to be done. An oral deal, for example, cannot be enforced. Your contract must be in writing and both of you must sign it of your own free will.
Both parties must fully and honestly disclose their assets and liabilities. This is where an experienced and trusted law firm may be especially useful. If you make a mistake at this stage, your contract could be invalidated when you attempt to enforce it. A prenuptial agreement, for example, can help avoid a courtroom fight in the case of divorce or separation in the following instances:
A prenuptial agreement that was forced out will be invalidated by the court. It’s difficult to demonstrate, but in order to protect the validity of a prenuptial agreement, both parties should have legal counsel and adequate time to examine it. If it is signed on the day before the wedding, it has a high likelihood of being declared invalid.
Can A Prenuptial Agreement Resolve Child Custody And Child Support In Nevada?
A child’s right to child support is not transferred to their parents. A prenuptial agreement cannot be used by parents to give up a kid’s right to financial aid. Child support is calculated at the time of parental separation or divorce, much like custody. Any efforts in a prenuptial agreement to settle child support will be disregarded.
Additionally, judges have the final say on child custody. Premarital contracts can’t specify child custody plans or name parental duties. Any custody arrangement will be determined on the basis of a child’s best interests. A kid’s greatest interests may change over time, so the requirements must be reassessed when parents separate or divorce, or when they seek to modify a custody agreement.
Who Should Get A Prenuptial Agreement In Las Vegas?
A prenuptial agreement is something that every homeowner should have. A premarital contract may help a marriage avoid future legal conflicts. A wealthy person might utilize a prenuptial agreement in Las Vegas to protect his or her family’s wealth. A divorcee who is just getting out of the marital fray, on the other hand, might want a prenup to safeguard his or her child’s inheritance.
Contrary to popular belief, prenuptial agreements aren’t a recipe for divorce. In many cases, prenups can help couples sort out finances before they get married and prevent future arguments. Although different couples have different reasons for using premarital contracts, all couples can benefit from a prenuptial agreement. In the case of death or divorce, Nevada law will determine a couple’s property division without a prenuptial agreement. Prenups allow couples to retain control of their assets and destiny by offering them the option of formalizing their relationship before marriage. If you’re in the midst of a complex marriage and feel that a prenuptial agreement may be beneficial, do not second guess yourself. Contact an experienced Las Vegas prenup attorney today to learn about your options and how best to protect yourself for the future.
Contact A Las Vegas Prenup Attorney Today
If you want help with drafting a prenuptial agreement, Spartacus Family Law can assist you. We are available to help you create a brand new prenuptial agreement for a new marriage or if you require legal representation through a divorce and want to make sure that your existing prenuptial agreement is enforced. Our Las Vegas prenup attorney understands that the legal system will have an impact on your family, which is why we take each case so seriously and with care the care each deserves. Call our office today for an initial consultation with one of the top family law attorneys in the Clark County area.