Although marriage and post-marriage contracts are permitted by Nevada law, they can be declared invalid if they were not knowingly signed or if one of the spouses concerned was forced to sign. Oral agreements of this type are not recognized in Nevada. These documents could also be unenforceable if it is determined that one of the parties involved concealed property or negotiated in bad faith. Marriage contracts are very popular in Nevada and the other nine states with community property laws. The rules of communal ownership are rooted in Spanish law and are most often followed in Western states that once fell under Mexican control. While family judges in equally distributed states have some discretion in deciding how to allocate matrimonial property, those in community-owned states such as Nevada must divide matrimonial property and debts equally. This may seem particularly unfair if the marriage in question did not last very long or if one of the spouses was responsible for the majority of the couple`s debts. Critics of these laws say they could sow the seeds of mistrust and fear among married couples and discourage some people from marrying completely. A contract cannot cover clauses that are inadmissible under state law.
If the parties negotiate appropriately and disclose their situation, clearly state their contract in writing and voluntarily sign the contract, they have a post-marital agreement. A post-marital contract attorney in Las Vegas can help you create a document that reflects the interests of both parties and protects your rights. A postnuptial contract attorney in Las Vegas can help you create a legally binding agreement between spouses. A carefully designed post-marriage contract can help you build your marriage and finances with a clear understanding of each spouse`s interests and rights. Our team of family law lawyers in Las Vegas can help you determine the issues you need to resolve to make your agreement clear and binding. Post-uptial contracts can strengthen a marriage by clarifying rights and expectations. It can be beneficial to make an agreement at any time during a marriage. A family law lawyer can help you decide if entering into a contract is right for you and what issues to address in your agreement. If your marital status warrants reviewing a post-marriage contract to clarify property and business interests, a good first step is to discuss the matter with an experienced family law lawyer. Your attorney can explain how a post-nostalgic contract can address your situation, as well as clarify the issues that a Nevada prenuptial agreement can`t address.
2. The mutual consent of the parties shall constitute sufficient consideration for such an agreement referred to in paragraph 1. Postnuptial contracts are not as well known as prenuptial contracts, but they achieve important goals for some married couples. As the word suggests, this type of agreement is a contract concluded by the spouses during their marriage. Like a marriage contract, a marriage contract deals with the property and finances of a married couple. Nevada recognizes the validity of these agreements, but requirements and restrictions apply. A Nevada court recognizes the validity of a properly executed post-marriage contract and enforces the terms as long as the contract was performed voluntarily and does not violate any law or public order. (a) an enforceable prenuptial arrangement in accordance with Chapter 123A of the NFS; or (b) a marriage contract or prenuptial agreement that contains provisions to the contrary.
We invite you to meet with our postnuptial contract attorneys in Nevada to see if a postnup is right for you. Our team can help you explore your personal situation to find out what you should include in a post-marriage contract. We can help you feel tactful and empathetically discuss your situation with your partner to create a plan that works for you. Finally, we help you design documents that clearly reflect your wishes. (3) If a divorce action is pending or if one of the spouses immediately envisages against the other, the validity of this Agreement shall not be affected by a provision that the agreement is concluded in order to remove the subject matter of the dispute and that, in the event of divorce of one of the parties, the contract takes effect and will not be different. A post-marriage contract is certainly not necessary for all married couples. However, this may be worth considering for couples who have a prenuptial agreement that no longer fits their situation, a complex financial or business situation, property and business interests that have changed significantly since their initial marriage, or concerns about children from a previous marriage that need to be addressed. Your lawyer can also help you prepare for a conversation with your spouse about the possibility of a prenuptial agreement. Ultimately, if both spouses decide to enter into an agreement, each spouse should be represented by separate legal counsel to ensure that their respective rights and interests are protected and taken into account.
Nevada residents who want to get married but also want to protect themselves from community property laws can choose to enter into a marriage contract with their fiancĂ© or fiancĂ©e. Already married couples seeking this protection could ask a Nevada divorce attorney to draft a post-marriage contract. These agreements allow couples to decide for themselves how their property will be divided if they later decide to divorce. Prenuptial and post-marital contracts may also include provisions that deal with how the couple`s debts are handled and the amount of spousal support or maintenance. Nevada is one of 27 states that have passed the Uniform Premarital Agreement Act, drafted by the Uniform Law Commission in 1983. The intention of this law is to establish a certain degree of consistency in the rules governing marriage contracts and their treatment of issues such as the division of property and the maintenance of the spouse. Provisions relating to the custody, access and maintenance of children cannot be included in a marriage or post-marriage contract because they are considered matters of public policy and are decided on the basis of what is considered to be in the best interests of the child […].