This is the next post in my series on why spouses may wish to obtain a postnuptial agreement in Las Vegas, Nevada. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you are newly married and interested in executing a postnuptial agreement. It is important that you consult with counsel promptly to ensure your interests remain protected. In this article I will be discussing what exactly a postnuptial agreement is. If you are in need of assistance then contact my office today to speak with a family law lawyer.
Nevada spouses can use postnuptial agreements to protect themselves and their assets
Nevada is a community property state. This means that each spouse is entitled to half of the marital assets and is equally responsible for the debts acquired during a marriage. It is common for people to execute “prenups” for this reason. However, what many people do not know is that postnuptial agreements can also be used to ensure their property remains their own in case of divorce. A postnuptial agreement is a contract signed by a couple after they get married. These agreements are typically used to dictate how a couple’s assets will be divided if they get divorced.
It is important to note that postnuptial agreements can deal with specific property or outline how everything will be distributed if the couple splits up. Couples will provide a list of all their debts and assets and indicate who will own or be responsible for them. These agreements can also set out whether one spouse will be entitled to spousal support in the event of a divorce or not. It should also be highlighted that prenuptial agreements come into effect when a divorce occurs. When this happens, each spouse has the right to invoke the postnuptial agreement. So, in other words, the agreement will not stop a spouse from spending the other spouse’s money or incurring debt. It will, however, ensure that the more responsible spouse is reimbursed in the event of a divorce.
Postnuptial agreements will be invalidated if they presume to predetermine child custody or child support issues
While postnuptial agreements can cover a lot of issues that arise in a marriage, they cannot include issues related to child custody or child support. This is because in cases involving children, the court will always opt to do what is best for the child. It cannot be determined ahead of time because the terms outlined in the agreement may not actually be what is in the child’s best interests. In fact, it could be found that it is dangerous for a child to live with the mother even though the postnuptial agreement required it. Similarly, people’s income changes all the time and what makes sense at the time the agreement is formed may not make sense later on. If these types of provisions are included in a postnuptial agreement, then they will be unenforceable. It is possible, however, to have the non-child related portions of the agreement to remain enforceable.
It is incredibly important for both spouses to consult with an attorney before drafting or entering into a postnuptial agreement. If there are invalid provisions included in the agreement, this may make the situation more complicated in the long run. Likewise, if important provisions are omitted then it can lead to future problems. Retaining an attorney to assist you will ensure that your rights are protected. I am a Las Vegas family law lawyer who devotes her practice to the handling of domestic relations law. I am experienced in handling termination matters. If you are in need of assistance then contact my office today to schedule an initial consultation.