A postnuptial agreement attorney in Las Vegas can assist you in creating a legally binding agreement between spouses. A carefully crafted postnuptial agreement can help you build your marriage and finances with a clear understanding of the interests and rights of each spouse. Our team of family law attorneys in Las Vegas can help you determine what issues to address to make your agreement clear and binding.
What Is the Definition of a Post Nuptial Agreement?
A postnuptial agreement is a contract between married couples. It covers topics like ownership and control of property. Married spouses may enter into the agreement to determine how property is controlled during marriage and how it may be disposed of in the event of a divorce. Couples may tailor a post nuptial settlement to the specifics of the circumstances present in the marriage.
Do I Need a Postnuptial Agreement?
There are many reasons to have a postnuptial agreement in Nevada. It may be right for you in the following circumstances:
- The financial picture has changed since you got married.
- One spouse owns a business, and you want to clarify control and ownership.
- The parties want to determine the distribution of assets in the event of a divorce.
- Spouses want to set boundaries for who owns income and assets earned by either spouse.
- Children from prior marriages have needs and interests that spouses want to protect.
- Parties want to divide personal property as a cost-saving measure should they ever divorce.
- Estate planning objectives may make it practical to also include a postnuptial agreement.
- Spouses aim to take the uncertainty out of divorce to have a clear picture of what may happen should they choose to get divorced.
- One or both parties have assets they have brought into the marriage that they do not want to become joint property.
- Any circumstance where the parties may want to reach a different resolution than may be reached by traditional family law proceedings
Postnuptial agreements can make a marriage stronger by clarifying rights and expectations. It may be beneficial to enter into an agreement at any stage during a marriage. A family law attorney can help you decide if entering into a contract is right for you and what issues to address in your agreement.
Does Nevada Recognize Postnuptial Agreements?
Yes, Nevada recognizes postnuptial agreements under Nevada law 123.070¹. Spouses may enter into binding contracts after they marry. While there are specific topics that the parties cannot include in a postnuptial agreement, like alimony, child custody and child support, postnuptial agreements in Nevada are recognized for various issues, including ownership and control of property.
Nevada Postnuptial Agreement Law – NRS 123.070
Nevada’s postnuptial agreement law is found in Nevada Revised Statutes 123.070¹. The law says that spouses may make contracts with each other similar to how they may make a contract with any person. N.R.S. 123.070 says that spouses may make an agreement regarding property between themselves under the same general rules that apply to other contractual relationships.
Prenup vs. Postnup in Nevada
A prenup in Nevada is an agreement that two spouses enter into before they get married. They may sign the agreement far before the wedding or just before the wedding ceremony. However, when the parties sign a prenup after marriage, it’s called a postnup or a post nuptial. Prenups and postnups are different in Nevada in that the parties can include alimony (spousal support) in a prenuptial contract, but it cannot be a part of a postnup.
What Kind of Things Cannot Be Included in a Postnuptial Agreement?
Things that cannot be included in a postnuptial agreement are:
- Child custody – Child custody is determined according to the child’s best interests; parents cannot agree on what that is in advance.
- Child support – A child has a right to financial support from both parents; parents cannot waive away this right.
- Alimony – While alimony can be set out in a prenuptial contract before marriage, it cannot be a part of a postnuptial.
- Provisions that would leave a spouse destitute – The court may not enforce an agreement if it would require one of the spouses to depend on public assistance.
- Unfair or unjust provisions – A postnuptial is not necessarily unenforceable simply because one spouse receives more than the other. However, fraud or the failure of a party to fully disclose their financial situation may make the contract unenforceable in whole or in part.
How To Get a Postnuptial Agreement
To get a postnuptial agreement, the parties must agree on the terms of the contract. It must be in writing and signed by both parties. The agreement may cover any terms that are allowable under Nevada law. The terms may be simple or complex. In addition, terms may be contingent on what may happen in the future.
A contract may not cover terms that are disallowable under state law. When the parties appropriately negotiate and disclose their circumstances, put their contract clearly in writing and voluntarily sign the agreement, they have a postnuptial agreement. An attorney for postnuptial agreements in Las Vegas can assist you with creating a document that reflects the interests of both parties and protects your rights.
Attorneys for Postnuptial Agreements in Nevada
We invite you to meet with our attorneys for postnuptial agreements in Nevada to see if making a postnup is right for you. Our team can help you explore your personal situation to know what you should include in a postnuptial agreement. We can help you tactfully and sensitively discuss your circumstances with your partner to create a plan that is right for you. Finally, we help you draft documents that clearly reflect your wishes.
We ensure that your documents are prepared in a way that makes an enforceable agreement that helps you go forward with your marriage with confidence. In addition, if you have questions about a current postnuptial contract, we can help you understand it and fight for your legal rights. Contact our team of postnuptial attorneys in Las Vegas today.