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Las Vegas Postnuptial Agreement Lawyers

Developing Comprehensive Marital Agreements in Clark County

Like a prenuptial agreement, a postnuptial agreement can help spouses protect their rights, assets, and maintain a more equitable marriage.

If you've already tied the knot and are realizing that a postnuptial agreement could help you feel more secure in your union, our Las Vegas postnuptial agreement attorneys are here to help. We'll work with you and your spouse's representation to draft a thorough postnuptial agreement that protects both parties' interests.

To schedule a free first consultation with our team and learn more about how we can help you develop a great postnup, contact us via phone at (702) 766-5566, or by filling out our contact form online.

How Do Marital Agreements Work in Las Vegas?

Like many states in the U.S., Las Vegas utilizes the Uniform Premarital and Marital Agreement Act to determine what can or cannot be included in a marital agreement.

In Nevada, you can use a postnuptial agreement to:

  • Designate what assets and liabilities are considered separate or community property, including labeling property that would normally be considered community as separate, and vice versa;
  • Allocate how each spouse's earnings are used;
  • Determine how the spouses will allocate income if one party is disabled;
  • Agree to pay more than the state-ordered amount of spousal support in the event of a divorce;
  • Determine how the parties distribute community property in the event of a divorce;
  • And more.

However, postnuptial agreements cannot be used to stipulate terms for child support or custody.

The process for acquiring a postnup is very similar to the process for getting a prenup. Both parties must hire their own legal counsel and collaborate on terms for the postnup. During this process, they must disclose all property they own to one another. The legal representatives can then draft a legally binding postnuptial agreement containing those terms that the parties then sign.

A postnup may be considered invalid by a court if:

  • One party signed the postnup under duress, including while facing threats or blackmail;
  • One party failed to disclose property holdings while drafting the postnup;
  • The parties' circumstances have changed substantially since the postnup was first drafted;
  • The terms of the postnup are so inequitable as to be considered "unconscionable" by the court.

At Roberts Stoffel Family Law Group, our Las Vegas postnuptial agreement attorneys have experience helping Nevadans draft comprehensive postnups that protect their rights and assets.

Common Reasons to Consider Drafting a Postnup

A misconception about postnuptial agreements is that they reflect a couple's desire to divorce. This is not true, as there are many reasons as to why people engage in discussions to draft a marital agreement. Some of the more common reasons may include:

  • If one of the spouses decides to become a stay-at-home parent, a postnup would ensure that he or she has enough financial resources if a divorce or separation was to occur.
  • One of the spouses inherits a large sum of money, whether it be from a raise, lotto win, etc.
  • Postnuptial agreements are great ways to define wishes for property that was brought into the marriage.
  • One of the spouses has children from a previous marriage and wants to make certain that their inheritance is protected.
  • To gain protection against a spouse that has shown financial recklessness. Examples of this would be sudden gambling addiction or arrests that lead to heavy costs from penalties.

Reasons to Avoid a Postnuptial Agreement

Couples who are considering drafting a postnup in Nevada must do their due-diligence, as with any written agreement. There are two major scenarios to evaluate before engaging in discussions of writing a postnup:

  1. The difference of income between both parties is substantial: The spouse who earns the least amount of money may find his or herself at a disadvantage. The couple can still manage to make it work, but it's more risky and complex if this scenario exists.
  2. One of the party members was not given enough time to assess the terms of the document: Completion and finalization of a postnup should be avoided if you feel that your spouse doesn't have the proper timetable for an evaluation. This scenario can be used against you as a way to invalidate the agreement.

Common Mistakes in Obtaining a Postnuptial Agreement

Creating a postnuptial agreement can be a complex process, and many couples make critical mistakes that could invalidate the agreement or lead to unfavorable terms. Some common mistakes include:

  • Lack of Full Disclosure: Failing to disclose all financial assets and liabilities is a common mistake that can lead to disputes or render a postnup unenforceable.
  • Insufficient Legal Representation: Both parties not having independent legal counsel might result in an agreement that’s biased or unfair, especially if there's a significant imbalance in knowledge or bargaining power.
  • Pressure or Duress: If one spouse pressures the other into signing the agreement, it could be challenged and possibly invalidated by a court.
  • Unrealistic Provisions: Including terms that are impossible to enforce or unfair to one party can lead to sections of the postnup being ignored or the whole agreement being invalidated.
  • Neglecting Changes in Circumstance: Not accommodating future financial changes can result in an agreement that becomes unsuitable and contentious over time.

How an Attorney Can Help

When considering how to get a postnuptial agreement, an experienced family law attorney plays a crucial role in avoiding the aforementioned mistakes. Here’s how they can help:

  • Ensuring Full Disclosure: An attorney will ensure that both parties fully disclose their assets and liabilities, making the postnup fair and enforceable.
  • Providing Independent Advice: By representing each spouse independently, attorneys ensure that the agreement serves both parties' interests fairly and equitably.
  • Drafting Fair and Enforceable Terms: Lawyers are skilled at crafting terms that are realistic, enforceable, and considerate of future changes in circumstances.
  • Preventing Coercion and Duress: Having legal counsel ensures that both parties enter into the agreement voluntarily and without pressure, thereby strengthening its validity.
  • Navigating Complex Regulations: Attorneys familiar with state laws, like those governing postnuptial agreements in Nevada, can ensure that the agreement complies with current legal standards.

A postnuptial agreement, or postnup, is not just a legal document but a financial safety net for both spouses. By avoiding common pitfalls and working with knowledgeable attorneys, couples can create a strong, fair, and enforceable postnup that protects their interests and respects their relationship in the event of a Divorce or Legal Separation.

To schedule a free first consultation with our team and discuss how we can help you draft the perfect postnup today, contact us online or via phone at (702) 766-5566.

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