A prenuptial agreement is a written contract created before a marriage. It can state what each spouse’s financial rights and responsibilities are during the marriage. The prenuptial agreement may list all property each person owns and then can specify after the marriage what the spouse’s property rights will be. Because this is clearly stated, it can help the couple avoid any arguments in the future.
We are often asked to draft a “simple prenuptial agreement”. Unfortunately this does not exist if you would like a court to uphold the prenuptial agreement.There are many factors that go into the validity of the prenuptial agreement and taking a shortcut in drafting the prenuptial agreement or not seeking proper legal advice can lead to invalidating the entire agreement. We have literally seen a court invalidate a prenuptial agreement that was drafted poorly by an attorney after a ten year marriage that led to the spouse having a claim to a business that made in excess of 100 million dollars a year. A poorly drafted prenuptial agreement that does not comply with the law is like having no prenuptial agreement.
The prenuptial agreement can state how the parties will divide property and include how the parties’ separate property, retirement accounts and trusts are allocated for them. It can state how the parties’ will divide debts to protect spouses from specific financial situations. This can be a benefit to the couple and create a knowledgeable, healthy attitude for the marriage.
We recommend that a prenuptial agreement: 1) be fully executed by both parties at least 30 days before marriage; 2) be signed by an attorney representing the other party attesting that they explained the prenuptial agreement to their client and the client understood; and 3) contain a complete list of each party’s assets and debts.
At McFarling Law Group, our family law attorneys are experienced in dealing with the Clark County Courts on all family law issues, including prenuptial agreements. If you would like to schedule a consultation with an experienced prenuptial agreement lawyer in the Las Vegas, Nevada area, call our office at 702.565.4335. Having a prenuptial agreement drafted by an experienced prenuptial agreement lawyer can save you countless hours and thousands of dollars down the road.