Whatever your level of wealth or your expectations for the success of your marriage, it’s sensible to plan ahead for the possibility of divorce or for other disputes over property that can arise between spouses. At Miley Law Firm, P.C., I can give you reliable advice on a prenuptial agreement with a prospective spouse and make sure that it effectively meets your needs and withstands legal scrutiny.
WHAT IS A PRENUPTIAL AGREEMENT AND WHO NEEDS ONE?
A prenuptial agreement is a contract between two people that governs their respective property rights and financial responsibilities during or at the end of a marriage. Nevada law authorizes similar agreements for people who wish to cohabit or to enter into a domestic partnership. These are useful tools for anyone, not just the wealthy but also the middle class, who wants to protect property interests and prepare for the future. If you are considering whether a prenuptial, domestic partnership or cohabitation agreement is right for you and what it involves, I have the knowledge and experience to give you comprehensive and practical advice.
PRENUPTIAL AGREEMENTS ADDRESS A RANGE OF ISSUES A MARRIED COUPLE MIGHT FACE
Once you retain me to draft an agreement, I will meet with you to determine what issues you want to have covered. The agreement might address such matters as:
- Each spouse’s rights and obligations as to marital and separate property
- The right of each spouse to buy, lease, sell, transfer or control property during the marriage
- How assets and debts will be distributed if the spouses divorce or separate or if one of them dies
- Whether either spouse should get alimony in the event of divorce and, if so, how much
- Each spouse’s rights to the other’s pension or death benefits
A cohabitation or domestic partnership agreement can address many of the same issues, though the phrasing may be different. I will fashion an agreement that covers all of the matters you wish to include and negotiate them with your intended spouse or partner.
THOROUGH ATTORNEY DRAFTS MARITAL AGREEMENTS THAT ARE VALID UNDER NEVADA LAW
For your prenuptial agreement will be useless unless it is legally binding. Nevada law requires that it be in writing and voluntarily signed by both parties. Each party must be aware of the other’s complete financial condition before signing, unless he or she waives such disclosure. The agreement may not be “unconscionable,” meaning that it can’t be significantly unfair to one party or unduly benefit the other. There are also some things you can’t include in the agreement, namely:
- Child custody and child support arrangements
- A requirement that one spouse pays the other’s debts
- Any limit on the right of either spouse to file appropriate domestic violence or other criminal charges against the other
I have the legal knowledge and experience to ensure that your prenuptial agreement will meet all Nevada legal requirements.
CAN YOU CHALLENGE A PRENUPTIAL AGREEMENT AFTER A MARRIAGE?
The validity or terms of a prenuptial agreement can be challenged on the basis of unconscionability, fraud or illegality. Such challenges can occur during divorce proceedings, or a party may go to court during the marriage to seek termination of the agreement. I can advise you whether you have a valid basis for doing so and can represent you effectively in court. In addition, I can offer you counsel if you or your spouse wish to modify the agreement to account for changes in circumstances.
Contact a knowledgeable Nevada prenuptial agreement lawyer for a consultation
The Miley Law Firm, P.C. advises Nevada clients regarding prenuptial or similar agreements and a variety of other family law issues. Please call 702-942-0600 or contact me online to make an appointment for a meeting at my Las Vegas office.
