Prenuptial agreements can protect your rights and assets in the event of disagreements or divorce. Prenuptial agreements are subject to certain conditions to be considered valid. Additionally, certain state laws in Nevada can also have an impact on your prenuptial agreement.
Are you confused about prenuptial agreements? An experienced Las Vegas family law attorney can help you understand how prenuptial agreements work, help to set the terms, or even defend or challenge an agreement in court. Here’s what you need to know about prenuptial agreements in Nevada.
How Do I Enter Into a Prenuptial Agreement?
According to the Uniform Premarital Agreement Act (UPAA), a prenuptial agreement has to be:
- Done in writing
- Signed by both involved parties
- Entered into before marriage
Certain things can make a prenuptial agreement invalid, including non-disclosure of assets, fraud, or not being mentally competent when having signed it.
If you would like to set up, defend, or challenge a prenuptial agreement, an expert family law attorney can ensure that the agreement you set up is valid and protects both parties.
What Terms Can a Prenuptial Agreement Contain in Nevada?
The law specifies what a prenuptial agreement is allowed to contain. NRS 123A.050 provides for:
- Death benefits and insurance policies in the event of death or an insurance claim
- Wills and trusts in the event of death
- Physical assets and property
- Businesses and companies
- Who is responsible for debt
- The rights to certain assets and properties
A prenuptial agreement doesn’t just say what happens in the event of a divorce, but also in the event of the death of a partner, alongside their will.
What Terms Are Not Allowed in a Premarital Agreement?
Certain terms are not allowed in your prenuptial or premarital agreement according to law. Some examples of what you can’t allow in a prenuptial agreement are:
- Performing any unreasonable acts
- Any unfair or non-financial requests
- Any illegal actions, terms or clauses
- Clauses that relate to a child’s visitation rights or maintenance
When Should I Use a Lawyer to Negotiate My Prenup in Las Vegas?
A prenuptial agreement is considered in effect when a couple marries, according to NRS 123A.060. It’s recommended to always use a lawyer to negotiate your prenup. This ensures that the documents are valid and that all the essential clauses that need to be covered are.
If you try to negotiate a prenup by yourself, you could make simple legal mistakes that might later affect the financial livelihood of you or your partner. Additionally, errors could render the entire document invalid.
Can I Modify or Revoke a Prenuptial Agreement in Nevada?
The Uniform Act that’s part of Nevada law allows for people with an existing prenuptial agreement to modify or revoke the prenup. This happens if and when you want to have a new prenuptial agreement set up or have any changes made to the original agreement.
Who Needs a Prenup?
A prenuptial agreement is recommended for people who:
- Have individual assets that they would like to protect
- Have personal debts that they would like to protect one another from
- Have been married before
- Are getting married for the first time
If you aren’t sure whether you could use a prenuptial agreement, speak to a family law attorney who can give you the right advice for your situation.
Can I Draft My Own Prenup?
While you can draft your own prenuptial agreement, it’s still recommended that you make an appointment with a family law attorney who can look it over from there. An attorney can ensure that the prenuptial agreement you’ve set up is valid according to Nevada law and that it can be enforced or defended should the need arise.
When Is a Prenup Enforced?
Prenuptial agreements come into effect when a couple marries, but can and should be set up before this date. Agreements are usually enforced in the event of divorce or separation, but can also come into question when someone is getting re-married, or in the event of one partner’s death.
A prenup isn’t just about assets. Certain aspects regarding prenup agreements also apply to who is responsible for credit.
Can You Get a Prenuptial Agreement After Marriage?
If you forgot to register your prenuptial agreement before you were married – or you only decided that you would like one in place later on – a Nevada law attorney can help to set up a post-nuptial agreement instead.
A post-nuptial agreement is also agreed to in writing, the same way that a prenup is.
Contact a Las Vegas Family Lawyer for Prenuptial Agreements Today
If you need direction when it comes to setting up or defending a prenuptial agreement, a Las Vegas family law attorney can give you the guidance you need. Whether you need help drafting or defending a prenuptial agreement, the skilled legal team at Half Price Lawyers can help. We offer free consultations to better understand your legal needs.