Las Vegas Prenuptial Agreement Attorneys
Las Vegas Prenuptial Agreements
A prenuptial agreement is an agreement made by a couple before they marry concerning the ownership of their respective assets. Surprising to most, all marriages in the state of Nevada are governed by a prenuptial agreement called Nevada Community Property Law.
For a prenuptial agreement to be enforceable it must be properly drafted and contain all the pre-marital financial details for each future spouse. Prenuptial agreements that are not properly drafted or implemented can be ruled unenforceable by a Clark County Family Court judge. When this happens, property divisions in your divorce case will be governed by Nevada Community Property Law.
Las Vegas prenuptial agreement attorneys, Jennifer V. Abrams
, Vincent Mayo
and Brandon Leavitt
have extensive experience arguing both for and against the enforceability of prenuptial agreements. Their knowledge of these complicated issues can be used to your benefit and the protection of your rights.
Allow the Proper Amount of Time for Review and Signing
Starting a discussion around a prenuptial agreement is a sensitive matter, but it's one that should be undertaken long before your wedding day. Drafting and implementing an enforceable prenuptial agreement requires an "adequate time period" for both you and your future spouse to review, consider, and sign the prenuptial agreement. While Nevada law specifies the need for an "adequate time period", it does not specifically define the length of time required to meet this specification. In order to avoid jeopardy regarding this issue, you should have your prenuptial agreement signed months before your actual wedding day.
Each Spouse Must Have Their Own Attorney
When prenuptial agreements are ruled unenforceable it can be because of the absence of appropriate legal counsel. Situations where one future spouse has a Las Vegas prenuptial agreement attorney and the other future spouse doesn't is a strong argument to rule the prenuptial agreement unenforceable. This is particularly true when the represented future spouse is in a significantly stronger financial position than the other future spouse.
Both future spouses should have their own independent Las Vegas prenuptial agreement lawyer to review the prenuptial agreement before signing. Further, to avoid any potential conflict of interest, the prenuptial agreement attorneys in Las Vegas representing each party should be from different law firms. It's possible for one party to waive their right to legal counsel. This approach is not recommended but if one party decides to waive their rights to independent legal counsel, this decision must be clear and committed to writing.
All Assets and Debts Must Be Disclosed
Prenuptial agreements can also be ruled unenforceable if one future spouse fails to disclose significant financial information in the agreement. A properly drafted prenuptial agreement will include a complete listing of all assets and debts for each spouse. Beware of using a standard form from a legal supply source. This is not the time for DIY. The best prenuptial agreements are drafted by experienced Las Vegas prenuptial agreement lawyers.
Prenuptial Agreements Cannot Overly Favor One Party
Nevada law states that the terms and conditions of a prenuptial agreement must not be "unconscionable". While no exact definition is given for the term unconscionable, it generally means the agreement cannot dramatically favor one spouse over the other. An experienced prenuptial agreement attorney in Las Vegas will be able to identify the terms and conditions that could be ruled unenforceable should any disputes arise in the future.
Prenuptial Agreements Should Not Limit Child Support
Any terms and/or conditions that attempt to limit child support are often ruled unenforceable. Additionally, the mere presence of such language in the prenuptial agreement could jeopardize the entire agreement.
"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.