Las Vegas Prenuptial Agreement Attorneys
A properly drafted and implemented prenuptial agreement is a legally binding contract between future spouses. Whether you realize it or not, all marriages for those persons residing in Nevada have a prenuptial agreement. It's called Nevada Community Property Law.
An enforceable prenuptial agreement is unique to the parties involved. It needs to be properly drafted and contain all the financial specifics of both parties. If a prenuptial agreement was not prepared and implemented correctly, and is subsequently ruled unenforceable by a Las Vegas Family Law Court judge, Nevada Community Property Law will be used for divorce related property divisions.
There Must Be Adequate Time
Discussing a prenuptial agreement with your future spouse can be a delicate matter. It is always best to initiate these discussions well before your wedding day. A properly implemented prenuptial agreement allows for an adequate time period for both parties to review and sign the prenuptial agreement. Nevada law does not provide an exact definition of what is an adequate time period. Therefore, it is always better to have the prenuptial agreement signed months in advance of your wedding, rather than days or weeks before.
The Need for Independent Legal Counsel
One of the most common reasons that a prenuptial agreement is ruled unenforceable is when there was a lack of independent legal counsel for each party. This is particularly true if one party has a significantly lesser financial condition at the time of prenuptial agreement implementation.
Each party should have their own prenuptial agreement attorney. In order to avoid any conflicts, or even the appearance of a conflict, the attorneys for each party should not work at the same law firm. Though it is not recommended, if one party waives the right to independent legal counsel, the waiving of those rights should always be committed to writing.
Full Financial Disclosure
If one party fails to disclose relevant financial information, the prenuptial agreement can be ruled unenforceable. A comprehensive listing of the income sources, and assets and debts of both parties, is detailed in a professionally drafted prenuptial agreement.
Cannot Be Unconscionable
Another issue that can invalidate a prenuptial agreement is the content of the terms and conditions. The document needs to be carefully worded so it does not "unconscionably" favor one party over the other. Nevada law does not define unconscionable. An experienced prenuptial agreement attorney knows what terms and conditions could cause future disputes regarding premarital agreement enforceability.
Any terms or conditions that limit child support in a prenuptial agreement are usually unenforceable. Additionally, depending on the wording of the prenuptial agreement, the mere inclusion of child support limitations could make the entire prenuptial agreement unenforceable.
Las Vegas divorce attorneys, Jennifer V. Abrams
, Vincent Mayo
and Brandon Leavitt
are experienced in both upholding and invalidating prenuptial agreements at trial. If you want to properly protect your rights, there is no substitute for their experience.
"I was very satisfied with the way my case was handled. Attorney Leavitt and The Abrams Law firm was always professional and handled my case very efficiently."
- Michelle S.