A prenuptial agreement attorney in Las Vegas can assist you in creating an appropriate arrangement for you and your soon-to-be spouse. A lawyer can help you consider what topics to cover, assist you in discussions and negotiations with your partner, and draft your documents.
Our Las Vegas family law attorneys for prenuptial agreements want you to have the resources that you need to create the proper documents for your unique situation.
What Is the Definition of a Prenup?
A prenuptial agreement is a formal contract between two spouses that divides assets in the event of a divorce. The parties agree before the marriage on how to split real and personal property if they divorce. A prenup is typically hypothetical; the parties are planning ahead for the possibility of getting divorced.
In addition, a prenuptial agreement definition can also say how spouses own and control property during a marriage. They decide the rights and obligations of each person when it comes to current and future assets owned either jointly or individually.
What Does a Prenup Do?
A prenup is an agreement by both spouses in a marriage that overrides state laws pertaining to the division of property in a divorce. It allows the parties to enter into a marriage with the knowledge of how their assets are to be divided if the marriage is terminated.
A prenup may protect a party who enters the marriage with assets, or it may determine which spouse has the right to claim assets earned during the marriage. A prenuptial agreement determines the division of property in the event of dissolution of the marriage, even if state law may have reached a different outcome.
Can I Get a Prenup in Las Vegas?
Yes, you can get a prenup in Las Vegas. The State of Nevada recognizes prenuptial agreements in Nevada Revised Statutes Chapter 123A Nevada Uniform Premarital Agreement Act¹. Generally, the parties entering into a marriage can create a contract that addresses real and personal property currently owned by the parties or that either party may acquire in the future.
You can get a prenup in Las Vegas by creating an agreement signed by both parties that covers subject matters allowed under Nevada law. A Nevada family law attorney can assist you in every step of the process of creating a prenuptial agreement.
Do I Really Need a Prenup?
If you’re getting married, you may be wondering, “should I get a prenup”? Many people think that a prenuptial agreement is only needed to address spousal support or alimony. While that’s certainly an important consideration, there are many reasons that you may need a prenup.
Marriage truly is a financial and legal partnership—anything that you earn during a marriage is joint property, even things like pension benefits and retirement accounts. However, parties may make different arrangements to protect their own interests ahead of the marriage.
A prenuptial agreement gives both parties clarity of the nature of the relationship at the outset of the marriage. Ultimately, it can strengthen the union and help the parties understand their situation if they consider getting divorced.
What Are Some Reasons To Get a Prenup?
Some reasons and situations in which it may be appropriate to have a prenuptial agreement include:
- One or both people have separate assets that they are bringing into the marriage.
- A person has real property that will be maintained with joint funds after the marriage.
- You want the peace of mind to know the division of property in the event of divorce.
- Someone earns a pension or saves in a 401k account, and they want to receive all or a certain percent of the account if the marriage doesn’t last.
- There is significant debt coming into the marriage, and the spouses want to clarify how joint finances will be managed during the marriage.
- Pets are involved, and pet custody is important to those involved.
- Spousal support and alimony are a consideration that may be decided in advance.
- The spouses want to divide property in the event of divorce differently than family law may divide it.
- The spouses want to clarify how they manage and transfer property during the marriage.
What Is Nevada Prenup Law?
Nevada prenup law is found in Nevada Revised Statutes Chapter 123A¹. A prenuptial agreement is valid if it is in writing and signed by both parties (N.R.S. 123A.040²). The law states what topics may and may not be covered by the agreement. In addition, there are some circumstances where an agreement may be invalid because of fraud or because it would cause a party to need public assistance to sustain themselves.
What Cannot Be Included in a Prenuptial Agreement in Las Vegas?
Topics that cannot be included in a prenuptial agreement in Las Vegas are:
- A promise not to prosecute domestic violence or any other crime
- Child custody
- Child support
- Making a spouse liable for another spouse’s premarital debt
- Anything that is not put into writing
Can Child Custody and Support Be Included in a Las Vegas Prenuptial Agreement?
No, child support and child custody cannot be included in a Las Vegas prenuptial agreement. The courts determine child support and child custody according to the children’s best interests³. Even if the parties reach an agreement in advance, what’s best for the children may change in the future.
In addition, children have the right to support from both parents. The right of the child to financial support prevents the parents from making agreements regarding child support in advance of the marriage.
When Is a Prenuptial Agreement Invalid?
A prenuptial agreement may be invalid if it is unconscionable or unfair. It may be unfair prenup if one of the spouses does not have a complete, accurate picture of the other spouse’s finances or if they didn’t knowingly waive their right to full disclosure of finances.
A contract isn’t necessarily unfair just because one party gets less than the other. However, the court can refuse to uphold the agreement if it would require a spouse to seek public assistance to make ends meet. Under Nevada law 123A.040, a prenup is enforceable without consideration.
Do I Need a Lawyer for a Prenup?
Prenuptial agreement attorney fees can be well worth the costs to allow you to enter into a marriage with peace of mind regarding your finances and your future. An attorney can help you understand what topics may be important to address in your individual situation. They can also assist with negotiations to tactfully handle discussions productively.
How much does a prenup cost? There are affordable prenup lawyers who can help you enter into your marriage confidently, knowing that finances are thoroughly disclosed and agreed upon ahead of time. You can also learn more about creating a postnuptial agreement Nevada law allows.
If you are getting married, contact our team of Las Vegas prenup agreement attorneys to see if a prenuptial agreement is right for you.
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