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Questions On Nevada Prenuptial Agreements


Prenuptial agreements have become more and more common over the past decade or so, simply because the nature of marriage has changed and more spouses want to ensure their assets are protected. This is especially true in community property states like Nevada, where everything is split 50-50 in all but the rarest cases at the time of a divorce. If you live in Nevada and want to explore having a prenuptial agreement for you and your spouse, it can be done, but contacting an attorney to help is crucial.

What Is A Prenuptial Agreement?

A prenuptial agreement (“prenup”) must be executed by both parties and set out in writing. There are very few rules for what it must contain, and couples generally have a wide scope for what it may include. Nevada law allows couples to include many things in their prenup, including provisions for alimony and asset division, estate planning, and most anything involving their personal rights and obligations that is “not in violation of public policy” or does not involve criminal acts.

It is important to note that custody and child support are explicitly prohibited from being part of a prenuptial agreement.

Why Bother?

Nevada is a community property state, which means that all the assets and debts accrued during the marriage get divided right down the middle in most cases. However, if you have a prenup, it gives the parties control of how the community assets are divided, and how issues like the granting of alimony are addressed, because the mutual agreements of the divorcing spouses are generally upheld by the court unless they are clearly inappropriate.

There is no minimum asset or income requirement of any kind to execute a prenup, though trends show that many of those who execute a prenup either have separate property assets they wish to protect, or children from a previous marriage that they want to ensure are provided for in the event of their passing. Young people entering into their first marriage often do not enter into a prenup because they do not have substantial assets or concerns about estate planning, but there may be another reason why you believe it would be a good idea.

Contact Our Las Vegas Attorneys Today

No one wants to believe that their marriage may end in divorce, but if yours does, it pays to be prepared. The dedicated Las Vegas prenuptial agreement attorneys at the Kainen Law Group have many years of experience with these types of cases, and we understand the best ways to help you and your soon-to-be spouse arrive at an agreement that is fair and enforceable. Contact our offices today to speak to an attorney.


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