This is the next post in my series on the difference between a Nevada divorce and entering into a postnuptial agreement. My last article discussed the advantages of a divorce over those of a postnup. It is important to understand that the former provides legal protections which are immediately enforceable while the latter does not. An experienced attorney can help an individual to determine which option is best for their particular situation. In this article I will discuss the importance of retaining a lawyer to draft a postnuptial agreement. If you or a family member are in need of assistance then contact my office today to schedule an initial consultation.
An attorney can help Las Vegas residents ensure that their postnuptial agreement is effective and enforceable
There are two key reasons why it is important to retain counsel for the drafting of a postnuptial agreement. The first is that it helps to ensure that the agreement is actually found to be enforceable when it comes time for the spouses to divorce. The second is that counsel can help to ensure that the agreement includes the provisions necessary in providing an effective level of protection to the spouses. As to the former, there are several factors which the Court will consider when deciding whether a postnuptial agreement should be enforced. Failing to go through the proper process, and not following a proper form, can result in the Court finding that the agreement is to be disregarded at the time of a divorce. As to the latter, a poorly drafted agreement can leave the Court finding provisions either unenforceable or unapplicable to one’s case.
The foregoing is best explained by way of example. Jack and Jill are Las Vegas residents who decide that they need a postnuptial agreement due to Jack’s pre-existing tax problems. Jack writes an agreement on his own, without Jill’s input, and gives it to her to sign. He tells her it needs to be signed immediately and she does so. The agreement has a provision which simply states that his “retirement accounts” are to be his sole property at the time of a divorce. When the parties file for divorce, Jack has an investment account as well as an IRA. It was Jack’s intention that his investment account be considered part of his “retirement” even though it is not a formal retirement vehicle such as an IRA or a 401k. Under this scenario the Court may rule that the entire agreement is invalid given that Jill was not provided an opportunity to have it reviewed by counsel. Even if the agreement is found to be valid, the Court may find that Jack’s investment account is not a “retirement” asset and is not covered by the agreement (meaning it may be community property). While how the Court will rule is always going to depend on the specifics of the case, this example shows some potential outcomes of not going through the proper process.
Contact an attorney for assistance with a postnuptial agreement
An experienced lawyer will be familiar with the process required in ensuring that a postnuptial agreement is enforceable. Also, counsel will consider all aspects of a situation and will take steps to ensure that the agreement is written in a way which foresees future possibilities. I am a Las Vegas family law attorney who is experienced in handling such matters. If you need assistance with creating a postnuptial agreement then contact my office online or by telephone today to schedule an initial consultation. We work to provide a high level of service and we are looking forward to being of assistance.