This is the next article in my series on the potential benefits of a prenuptial agreement. My last article discussed how prenuptial agreements impact the finances in a Nevada marriage. It is important to understand that, due to Nevada being a community property state, a prenup can greatly streamline affairs in the event that the parties ever divorce. This can include the simpler separation of finances and a predetermined outcome on the issue of spousal support. An attorney can help with determining how to structure a prenup around your specific situation. In this article, I will be discussing what may, and what may not, be included in such an agreement. If you or a family member are in need of assistance then contact my office today to speak with a Las Vegas lawyer.
Nevada prenuptial agreements may not include provisions regarding child custody and child support
Nevada prenuptial agreements may not include provisions regarding child custody and child support. Such provisions are considered unenforceable under Nevada law as they violate public policy as well as our state’s statutes. First, the Court will always consider child custody at the time of the divorce and the Judge will always apply Nevada’s “best interest” standard. Given that Nevada law requires the Judge to consider what is in the best interest of the child, and not what the parents agreed to before they were even married, such clauses would be unenforceable. Second, any provisions regarding child support will be unenforceable under NRS 123A.050(2). Also, any such provisions would likely be viewed as against public policy as our state prioritizes the care of children.
Attempting to include child custody and child support provisions in a prenuptial agreement may result in the Court striking down other provisions of the prenup or voiding it altogether. This is due to the fact that the striking down of the child-related clauses may impact other clauses. An example of this may include a provision which states a parent is to receive primary custody, child support, and substantial alimony. The alimony provision was included due to the fact that, at the time of the marriage, the spouses believed that the receiving parent would need additional money to stay home with the child. The removal of the child-related provisions could impact the need for spousal support. Again, this is just one example of how including unenforceable provisions may impact the rest of a prenup.
The foregoing is best explained through an example. Suppose Jack and Jill sign a prenuptial agreement. Jack is a busy professional and the couple plan to have children in the future. The prenuptial states that, in the event of a divorce, Jill will receive primary custody, the amount of child support required under such an arrangement, and alimony of $10,000 per month. This agreement is reached out of a belief that Jack will be working excessive hours and Jill will stay home with the children. After the first child is born, Jill develops a serious drinking problem. She is arrested for driving while intoxicated with the child in the car. Jack files for divorce and requests primary custody. The Court may find that the alimony provision of the prenuptial agreement is unenforceable as it was based on other unenforceable provisions. Under this scenario, the Court would apply Nevada law and determine whether alimony should be awarded at all. It must be remembered that how the Court will rule in any given situation will always depend on the specifics of the case.
Contact a Las Vegas prenuptial agreement lawyer for assistance
Having a prenuptial agreement is of little use to either spouse if the contract is eventually found to be unenforceable. If you are considering drafting such an agreement then consider the fact that an attorney can help to ensure that only enforceable provisions are included in the contract. Moreover, counsel will take steps to ensure that you understand the full ramifications of an agreement before signing it. Entering into an agreement can have a devastating impact on one’s future if it is found to be unenforceable or one-sided. As a Las Vegas family law lawyer, I am able to assist with such situations. If you are preparing to draft a prenuptial agreement, or to sign one, then contact my office online or by telephone today. I look forward to speaking with you.
I assist individuals throughout southern Nevada. This includes the areas of North Las Vegas, Summerlin, Boulder City, and Henderson.