What You Should Know About Safeguarding Your Nevada Prenuptial Agreement
When a couple decides to execute a premarital agreement, also called a prenuptial agreement, there is often a fair amount of dispute as to its exact construction. One of the most important criteria that most couples want their prenup to have is enforceability. If a couple does not create and sign the prenup in the appropriate way, or includes items that should not be included, the document may be ruled unenforceable, which is incredibly problematic, especially in the event of a divorce.
Unconscionability and Unenforceability
Nevada, like most other jurisdictions, has adopted most of the language of the Uniform Prenuptial Agreement Act (UPAA), which is a uniform act (a model law proposed nationally that states may or may not choose to adopt) that governs the enforceability and validity of prenuptial agreements. Nevada’s relevant prenup statue is very similar to the the model language and establishes many of the same elements, most notably that if a prenup is held to be unconscionable, it cannot be enforced. The act also establishes other grounds for unenforceability, such as fraud or duress.
It is important to know that unconscionability in particular can be difficult to prove, as a mere unequal distribution of assets is not generally enough to prove that the agreement was fundamentally unfair at the time it was entered. A spouse would likely have to show that there was serious fraud or misrepresentation regarding the other party’s financial disclosures. It is critical that both spouses be completely honest with their financial disclosures prior to the execution of the agreement.
Do Not Overstep Your Bounds
Another necessary element to ensure that your prenup remains enforceable is to ensure that you only dispose of rights and property of which you are authorized to dispose. The most common issue is child support and parenting time. Many couples try to address parenting time and child support in prenuptial agreements. However, doing so is not generally permitted under Nevada law. The right to support belongs to the child, rather than to either of the parents, and it is not permissible to sign away or dispose of someone else’s rights.
With regard to custody and visitation, the best interest of the child controls, and therefore the parties and/or the Court must look to the child’s life at the time of the divorce to determine their best interests at that point in time as a result.
Call A Dedicated Attorney Today
While it can be tempting to try and address every potential issue in a prenup, the law does not allow that to happen, and in some cases, trying to do too much in a prenup can actually make it unenforceable. To ensure that your prenuptial agreement stands the test of time, consulting an experienced Las Vegas attorney is recommended. The Kainen Law Group has years of experience in advising couples on these matters, and we are happy to try and assist you with any questions you may have. Contact our office today to schedule an appointment.