Divorces can become highly contested matters when wealth and complex assets are involved. To manage the risks and expenses of a divorce, we often counsel couples to consider a prenuptial agreement before getting married. Prenuptial agreements are legally binding contracts that couples create before their date of marriage. These powerful agreements can address what happens to money and property if the couples impending marriage should end, as well as address spousal support, insurance, and estate planning.
Under applicable Nevada laws, a prenuptial agreement can circumvent the traditional “community property” laws, which gives each spouse an equal right to property earned and acquired during the couple’s marriage. For couples with prior marriages, wealth, inheritance, or complex property interests, these are essential instruments to creating certainty and preemptively reducing high conflict issues.
A Family Attorney Can Seek Enforcement of Your Prenuptial Agreement
A prenuptial agreement becomes effective and enforceable upon a couple’s marriage. When a spouse decides to divorce, a family law attorney can file pleadings to present the agreement to a court to enforce the terms of the agreement via court order. A court is bound to enforce the terms of a prenuptial agreement if it complies with the requirements of the law.
There are, however, times when a spouse chooses to challenge a prenuptial agreement. These attempts are rarely successful as there are limited circumstances in which a spouse can seek to invalidate an agreement, including:
- The agreement was not in writing and signed by both parties;
- The agreement was not entered voluntarily by one spouse;
- The agreement was “unconscionable” when it was made;
- The agreement calls for one of both spouses to violate the law;
- The agreement causes a spouse to become dependent on public assistance;
- A party failed to disclose a fair or reasonable notice of property or debt to the other party before the agreement.
An experienced family law attorney can help you explore whether a prenuptial agreement is a good option for you, and can help you prepare a comprehensive and enforceable agreement.
Let Viloria, Oliphant, Oster & Aman L.L.P. Assist You
Viloria, Oliphant, Oster & Aman, L.L.P. provides high quality representation to individuals who want to protect their legal rights when their marriages end. Our attorneys have over a century of combined legal experience and a track record of success. If you are interested in enforcing or challenging a prenuptial agreement, contact us. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 210-8178 to schedule a consultation or contact our office through our website.