Las Vegas Prenuptial & Postnuptial Agreement Attorney
People draft marital agreements for many different reasons. Most commonly, people want to protect their separate property when they enter into a marriage, or they want to ensure provisions are made for alimony. In other instances, people who are already married start to consider the assets they have acquired, such as a business, and feel that this property needs protection. In these instances, a prenuptial or postnuptial agreement may be appropriate.
While prenups and postnuptial agreements have many similarities, they are also different in many ways. Below, our Las Vegas prenuptial & postnuptial agreement attorney outlines what these are, and how you can protect yourself.
What is a Prenuptial Agreement?
Prenuptial agreements largely deal with the financial issues a couple will have to resolve in the event that they get a divorce. While prenups were once considered to be romance killers or plans for a breakup, that is no longer the case. Couples of all ages and income brackets today realize the need for a prenuptial agreement and draft one prior to the wedding to ensure they are protected.
Prenuptial agreements are only valid if they meet certain requirements. To be enforced by the courts, a prenuptial agreement must:
- Be in writing,
- Have the voluntary and mutual consent of both parties, and
- Not have involved duress or coercion in order to get one party to sign.
To ensure a prenuptial agreement is not called into question, it is recommended that the contract is signed well in advance of a wedding. If not a lot of time has elapsed between drafting the contract and the wedding, the family law courts will scrutinize them much more closely, as they may suspect duress or coercion.
What is a Postnuptial Agreement?
Postnuptial agreements are very similar to prenups in the way that they deal mostly with financial matters in the event that a couple gets divorced. The main difference between a postnuptial and prenuptial agreement is that the former is drafted once a couple is already married.
There are many reasons a couple may want to draft a postnuptial agreement. They include:
- One spouse stopped working to care for the family
- One spouse started a business
- One spouse has children from a previous marriage and special provisions must be made for them
- One spouse may have intentions to liquidate a business
- One spouse owns a business with a third party partner who wants to exclude the non-owner from any business interest
The requirements for a postnuptial agreement are the same as those for a prenup. Additionally, neither type of contract can waive child custody, visitation, or support. The children of the marriage have these rights, and neither parent has the authority to waive those rights.
Our Prenuptial and Postnuptial Agreement Lawyer in Las Vegas Can Help with Your Case
If you need to protect your rights, our Las Vegas prenuptial and postnuptial agreement attorney at Ghandi Deeter Blackham Law Offices can help. Call or text us now at 702-878-1115 or chat with us online to request a consultation and to get the legal advice you need.
