Premarital agreements in Southern Nevada often have a bad reputation and are frequently misunderstood. They can be important tools to use to protect yourself and your assets going into a marriage. What's more: they offer transparency, and that's a good place to start a marriage.
At Carmen Marisol Family Law, our family law attorney in Henderson can help you understand if a premarital agreement is right for you. Contact us online or at 702-766-0012 to schedule a consultation and learn more.
Premarital Agreements in Henderson & Southern Nevada
When two people are about to head down the aisle, they sometimes enter into a prenuptial agreement first. A premarital agreement is a before-marriage contract that lays out the specifics of what will happen to the property they own should the marriage fail.
Prenuptial agreements can be used to address many different issues, including:
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What property should be considered marital and what should be considered separate? Instead of having a judge decide this matter pursuant to the laws of your state, you can decide beforehand.
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Protections for certain property. For example, if the engagement ring is a family heirloom on the spouse's side, the parties may agree that in the event of divorce, the ring goes back to the husband.
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You may agree that should one or both spouses want a divorce, the parties are required to go through mediation or arbitration.
Premarital agreements cannot be used to address certain issues, including:
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Custody and issues of child support are not allowed to be addressed in prenuptial agreements. The court will determine what is in the child's best interest, not the parents.
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A prenuptial agreement should not be used to address anything that is illegal. For example, if the family earns money through the sale of illegal drugs, who gets that business in case of divorce is not allowed to be addressed.
To be sure your premarital agreement is enforceable, it is best to make the terms as fair as possible to both parties. A premarital agreement is not enforceable if:
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Either person did not sign the agreement voluntarily.
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The agreement was not reasonable when it was signed.
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Either person failed to provide a full list of his or her property and financial obligations.
At Carmen Marisol Family Law, our family law attorney in Henderson can help you understand how to make sure your premarital agreement is enforceable. Contact us online or at 702-766-0012 to schedule a consultation and learn more.
Who Should Have a Premarital Agreement in Southern Nevada?
While many people can benefit from the use of a premarital agreement, it is especially beneficial for people in the following situations:
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If you own a business, it is a good idea to look into a premarital agreement. This helps protect the business in case of divorce.
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If you own significant assets, a premarital agreement is a good idea to keep them protected.
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If you have children from a previous marriage, a premarital agreement can assist in protecting the inheritance of those children.
Contrary to popular opinion, premarital agreements aren't just for the wealthy. They can provide needed protection to people from all walks of life.
Do You Need a Family Law Attorney in Southern Nevada for a Premarital Agreement?
While you may be tempted to draft your own premarital agreement before getting married, it is a good idea to speak with an attorney regarding how these contracts work in your state, including what you can and cannot address. Courts have a tendency to look for reasons to find these agreements unenforceable, so the help of an attorney is almost necessary to ensure your premarital agreement is upheld in case of divorce.
Contact a Family Law Attorney in Henderson Today!
Protecting your assets and family are important. Make sure your premarital agreement in Southern Nevada is designed to do just that but in a way it complies with the law. At Carmen Marisol Family Law, our family law lawyer in Henderson will review, draft, and negotiate a prenuptial agreement on your behalf, ensuring that your interests and rights are heard and upheld. Contact us either online or directly at 702-766-0012 to schedule a consultation.
