Las Vegas Family Law
Prenuptial Agreement Attorney Services
Prenuptial agreements or premarital contracts can serve to protect and preserve interests of both parties entering into a marriage.
They can contain provisions that protect assets and limit liability. Provisions can include caps on alimony payments and attorney fees in the event of a divorce.
They can also detail how certain assets will be divided and which assets remain the sole property of one party or the other.
Prenuptial agreements can also be used to protect one party from civil liability and lawsuits arising from the commercial concerns or business of the other party.
Provisions can also include indemnification clauses for tax liabilities and various other means of maintaining a separation of interests during and after a marriage.
Legal Requirements of Prenuptial Agreements
While prenuptial agreements are written specifically for each client and detail the exact assets and debts subject to the contract, they must conform to the law to be
upheld and enforced by the courts. Nevada law requires that prenuptial contracts must meet statutory requirements for notice, disclosure, review and fairness while not
containing provisions that are unfair or limit child support. If a prenuptial agreement does not meet legal standards and is deemed to be unenforceable by the courts
then Nevada Community Property Law will determine the division of property and other financial aspects of the divorce.
Due to the legal requirements that can render a prenuptial agreement unenforceable in part or in whole, it is essential to have the contract be drafted or reviewed
by an experienced attorney that is familiar with the law and how prenuptial agreements are interpreted and enforced by the courts.
Statutory Requirements For Prenuptial Agreements In Nevada:
The law does not outline what is considered an exact minimum time is for a party to confer with counsel and then review and sign a prenuptial agreement. Therefor, it is in the initiating party's best interest
to have the terms of the contract discussed, reduced to writing and signed as soon as is practically possible. Several months before a wedding date is usually considered an acceptable time for the production,
agreement and signing of a prenuptial contract.
A prenuptial contract must include all relevant financial information including an exhaustive list of all assets, property and debt obligations for both parties to be enforceable.
An experienced attorney will also guide you through the drafting of this part of the contract and work with the other party's counsel to ensure that financial disclosure obligations are fully met.
Independent Legal Review
Both parties should each have independent legal counsel for prenuptial matters and the waiving of independent counsel should be discouraged, even when that waiver has been agreed to in writing.
Prenuptial agreements can be deemed unenforceable if the court determines that one party was deprived of the opportunity to obtain proper counsel or the opportunity to fully understand the terms and legal consequences of the agreement.
Prenuptial agreements must not contain provisions that are so heavily biased in favor of one party that the court deems them to be unconscionable and therfor unenforceable. The terms of the contract must be fair to both
parties in appearance and in their application. Again, an experienced attorney will be familiar with what provisions are sustainable and what are likely to be deeemed fundamentally unfair.
Prenuptial agreements must also not contain provisions that limit child support in any way and in certain circumstances their inclusion can render an entire prenuptial contract as unenforceable.
Protectable Assests Under Prenuptial Agreements
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