Increasingly, couples have come to realize the frailty of life and the alarming statistics relating to marriages ending in divorce. More than ever before, men and women are waiting longer before considering marriage, or are embarking on their second or third marriage. Often, they have a career, investments, earnings and separate property to protect. For any person planning to marry, a prenuptial agreement can protect and define their property and future expectations.

Of course, discussing divorce and wedding plans at the same time does create uncertainty. That is the time when your experienced family lawyer should step in and work out the details, leaving the marriage planning to the family.

Nevada has adopted the Uniform Premarital Agreement Act (UPAA) which, together with a number of Nevada Supreme Court cases, set forth the criteria required to have an enforceable prenuptial agreement. A prenuptial agreement is essentially a contract between prospective spouses made in contemplation of marriage and which is effective upon marriage. The issues that can be addressed in a prenuptial agreement are virtually limitless. The agreement often defines the nature of the assets and liabilities which each party brings into the marriage and provides how those assets will be treated during the marriage. Prenuptial agreements often provide for the distribution of assets and define alimony rights in the event of a divorce. The agreement addresses the income earned during the marriage and how that income is to be applied to the payment of debts, support of the family and for the acquisition of property. Prenuptial Agreements generally do not define custodial rights or child support awards as these issues will be determined according to the best interest of the child and not contract law.

There are certain formalities which must be observed regarding the negotiation process. Each party must fully and accurately disclose the nature and extent of their assets and liabilities. Each party must be allowed to negotiate the terms of the agreement they believe are in their best interest, free from any fraud or duress from the other party. And, most importantly, each party should be represented by a competent family lawyer who explains the provisions of the agreement to his or her client. Finally, when a party is presented with a proposed agreement, the responding party must be given sufficient time to retain an attorney and to negotiate the terms of the final agreement. Those formalities and requirements can be explained by your family lawyer, who should be skilled in such matters.

LOGAR PULVER is at the forefront with knowledge and experience regarding prenuptial agreements. We regularly educate, advise, negotiate and prepare prenuptial agreements skillfully. We have successfully defended the enforceability of our agreements and defeated agreements prepared by others.

Disclaimer: This website and the articles and content thereon are for general informational purposes only and do not constitute legal advice. Every case varies greatly and one should consult a knowledgeable family law attorney regarding one’s rights and obligations. No attorney client relationship may be established as a result of reading or reviewing this article or any information on this website. If you would like to consult with Logar Pulver please contact us.