If you believe it is difficult negotiating the terms of a prenuptial agreement in anticipation of marriage, just think how difficult it would be during a stressful divorce. Would you start a business with someone without having a written agreement as to how the business will operate and dissolve, should that become necessary? The same reasons for having a written agreement regarding a business apply for a marriage.
In Nevada, any asset acquired during marriage, or debt incurred during marriage, is presumed to be community in nature and equally divided upon a divorce. Further, if there is a large disparity of income or a long term marriage, alimony may also be awarded by the court. Contrary to popular belief, there is alimony in Nevada.
A prenuptial agreement, however, may drastically alter the legal presumptions relating to property division and alimony. A properly drafted prenuptial agreement that satisfies the basic legal requirements has an excellent chance of being enforced and making the divorce process easier and less expensive.
While no agreement can provide you with “iron-clad” protection, the proper planning, professionally drafted agreement and post-marital conduct, will enhance the chances of achieving one’s objectives for entering into a prenuptial agreement. Pecos Law Group has extensive experience in drafting and negotiating prenuptial agreements.
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