PRENUPTIAL AGREEMENT IN NEVADA
A Prenuptial agreement is a legal document that addresses a couple’s specific desires for property distribution in the event of a divorce. An agreement is a contract that is made between couples before entering a marriage. Prenuptial agreements must be in writing and signed by both spouses. Nevada is a community property state, which means all assets, debts, and obligations acquired during the marriage are considered community property and are owned equally by the spouses. With a pre-nuptial agreement, the parents can decide how they would prefer to divide their assets and debts and determine obligations at the time of divorce.
Under Nevada law, a prenuptial agreement can cover the following:
- The rights and obligations of each spouse to any of the property;
- The disposition of property upon separation, divorce, death, or other event.
- The ownership rights in and disposition of a death benefit from a life insurance policy;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The modification or elimination of alimony or support or maintenance of a spouse; (under most circumstances)
- The making of a will, trust or other arrangement to carry out the provisions of the agreement;
- Business or investment divisions;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
A prenuptial agreement isn’t enforceable if one spouse proves that:
- He or she didn’t sign the agreement voluntarily;
- The agreement was unfair when it was signed;
- If before signing the agreement;
- a spouse wasn’t provided a full and accurate picture of the other’s assets and liabilities;
- that the spouse could not reasonably have had adequate knowledge of the other spouse’s finances; and
- the spouse didn’t voluntarily waive in writing his or her right to disclosure of the other spouse’s finances.
- The spouse was not under duress and had the ability to seek advice of counsel;
- Other legal reasons for not enforcing a contract or agreement.
Why You Need Experienced Lawyers
The key to a valid prenuptial agreement is in the details. If an agreement is not drafted properly, you may not be fully protected and it can be declared unenforceable by the Court. Jacovino Law Office will work closely with you to understand your circumstances, to explain your options, and to collect essential background and financial information. We will guide you through the process and work to help you achieve your objectives. Contact us at (702) 776-7179 or schedule a consultation online at https://jacovinolaw.com/schedule-a-consultation/.