This is the next article in my series discussing the benefits of signing a prenuptial agreement prior to marriage. My last article discussed how a prenuptial agreement can protect a spouse against creditors. It is important to understand that Nevada’s community property laws may allow creditors to go after the wages of both spouses. An experienced attorney can assist you with determining the best path forward with your given situation. In this article, I will be discussing how to go about enforcing a prenuptial agreement in the event of a divorce. If you are in need of assistance then contact my office today to speak with a Las Vegas lawyer.
The enforcement of a prenuptial agreement will occur at the time of Nevada divorce proceedings
No one enters into a marriage with the belief that it will end in divorce. Unfortunately, many marriages do fail and this fact is one of the reasons why prenuptial agreements exist. In the event that the parties file for a contested divorce then one spouse will typically file a request with the Court for a Temporary Order on issues such as child custody, child support, alimony, etc. If a prenuptial agreement is in place then one spouse may include a copy of the contract with their filings and ask the Court to enforce the provisions of the agreement. If the validity and enforceability of the agreement is not challenged (more on this below), then the Court may rule that the terms of the agreement are to be followed and any issues not covered by the agreement (such as custody and child support) are to be litigated. How the scope of a divorce will be limited by the existence of a prenup is going to depend on the specifics of the agreement.
Consider the following example. Bill and Bonnie have a prenuptial agreement stating that all wages of each spouse are their separate property, that all acquired property will remain separate, and that all property that each spouse entered the marriage with will remain separate. After the wedding, Bonnie moves into the home which Bill owned free and clear. The parties live in the home for the next ten years and have two children. The prenuptial agreement also states that there will be no spousal support in the event of divorce. Bonnie files for divorce and requests that the Court grant her spousal support and possession of the “marital residence.” These issues, however, will already be decided pursuant to the prenup. Absent a challenge to the agreement, the only issues to be litigated will likely be child custody and child support.
There are several reasons why one spouse may challenge the validity of a prenuptial agreement. They may allege that they were coerced into signing it, that they were not given ample opportunity to review the agreement with an attorney, that the agreement did not disclose their counterpart’s full list of assets, etc. If the validity of the agreement is challenged, then the Court will typically hold an evidentiary hearing on the issue. If the agreement is found to be invalid, then all issues will be open to litigation. The Court may also choose to uphold the agreement in its entirety or may strike down only a portion of it. How the Court will rule in any given situation is always going to depend on the specifics of the matter.
Contact a Las Vegas divorce attorney if your case involves a prenuptial agreement
Many people make the mistake of thinking that their divorce will be “cut and dry” if they signed a prenuptial agreement. Many make the mistake of thinking that such agreements are automatically enforceable. A fair number of agreements, however, are poorly worded or suffer from other issues which open them to challenge. Retaining an experienced attorney, to review the document and to hear your side of the story, is an important step towards determining what rights you may or may not have. As a Las Vegas divorce lawyer, I am able to assist with such situations. Contact my office online or by telephone today to schedule an initial consultation.
I also serve the southern Nevada areas of North Las Vegas, Henderson, Boulder City, and Summerlin.