This is the first in a series of articles which will discuss how couples may benefit from signing a prenuptial agreement prior to their Nevada marriage. I consider this topic important due to the fact that many have a misunderstanding of what can, and what cannot, be included in such an agreement. This sometimes results in people attempting to use a DIY solution and, in turn, the agreement may be invalidated during a Family Court proceeding. I am writing on this topic, therefore, to provide information which can help people to better understand the specifics of their situation. It is also my goal to provide information which can assist with the selection of an attorney. If you or a loved one are in need of assistance then contact my office today to speak with a Las Vegas lawyer.
I will be addressing several topics over my coming articles. Issues which I will analyze include:
- The effect of signing a prenuptial agreement
- What may and what may not be included in an agreement
- How a prenuptial agreement can be important for tax purposes
- Why one may need to sign such an agreement for business purposes
- Using a prenuptial agreement to protect your new spouse against creditors
- Enforcing an agreement at the time of divorce
I have chosen to address these particular topics for several reasons. First, a prenuptial agreement has little practical effect until the parties file for divorce. Understanding the legal effect of an agreement, and what is needed to make it effective, can be vital. Second, not all aspects of a relationship can be included in a contract. As an example, any provisions in an agreement regarding child custody and child support will generally be unenforceable. Third, as Nevada is a community property state, an agreement can have a substantial impact on tax issues, business ownership, and creditor claims. Finally, understanding the process of enforcing an agreement, upon the filing of a divorce, is important to protecting one’s rights.
An important point that I will be making in each of these articles is that one should contact an attorney to assist them with drafting such a document. If mistakes are made in the document, or if important information is omitted, then the instrument may not have its intended effect. This can result in extensive litigation over the agreement as well disputes over an unexpected range of issues. By retaining counsel to draft the agreement in the first place, one can help to prevent these types of outcomes.
I am a Las Vegas prenuptial agreement lawyer who practices exclusively in the area of family law. I understand that this is an important time in your life. My office is dedicated to providing the highest level of service and we look forward to being of assistance. Contact us online or by telephone to schedule an initial consultation. We serve all of southern Nevada, including North Las Vegas, Summerlin, Henderson, and Boulder City.