This is the next post in my series on the differences between a postnuptial agreement and a divorce in Las Vegas, Nevada. My last article discussed weighing a postnuptial agreement against a legal separation. It is important to understand that when one is separating from their spouse that they must protect their rights as Nevada is a community property state. This article will continue that discussion by weighing the pros and cons of a prenuptial agreement against those of a divorce. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
A divorce ends a marriage while a postnuptial agreement does not
A divorce is exactly what it sounds like. The marriage of the spouses will come to an end. The Court will enter an order regarding child custody, child support, community property division, and more. Any property acquired going forward will be separate and all benefits of marriage (such as the accrual of social security benefits) will end. A postnuptial agreement, by contrast, is simply a contract which states issues such as property division and alimony will be handled should the parties ever file for divorce. This contract can also state how all property and wages, acquired before and during the marriage, should be treated at the time of divorce. In short, a postnuptial agreement can allow spouses to go on with their marriage while knowing how all matters should be handled if the marriage ever ends.
A divorce will typically be entered into if the spouses have decided to end their relationship completely. Divorces may also sometimes be entered into for legal reasons (such as one spouse’s tax problems or potential liability in relation to assets). Postnuptial agreements are typically entered into for reasons other than immediately ending the marriage. These can include situations where the parties have decided to “take time apart” but are not ready to file for divorce. They can also include situations where the spouses wish to protect their assets against Nevada’s community property laws. Other situations include instances where a company may require a new partner/member to have a postnuptial agreement so that there is no risk of their spouse becoming part owner of the company. The best fit for one’s given situation will always depend on the specifics of their circumstances. An experienced attorney can help you to determine the best path forward.
A Las Vegas attorney can help you determine whether to file for divorce or to draft a postnuptial agreement
If you are considering ending a marriage or the need to have legal protections then it is important that you discuss your situation with a lawyer. An improperly handled divorce can lead to future litigation and unintended consequences. An improperly drafted postnuptial agreement can result in one side having more or less protection than they originally intended. Moreover, counsel can help you determine which path forward is best for your overall goals. While using “self-help” documents can save an initial cost on legal fees, they can sometimes lead to greater problems down the road. Retaining counsel can help to prevent such problems.
I am a Las Vegas family law attorney who practices solely in the area of domestic relations law. I understand the impact that important decisions can have on one’s life. If you or a family member are in need of assistance then contact my office online or by telephone today to schedule an initial consultation. We look forward to speaking with you.