More couples, including same sex couples, are utilizing premarital agreements in an attempt to avoid the high cost of divorce. One who gets married in Nevada without a prenuptial agreement is expressly consenting to be bound by the laws of Nevada in the event of a divorce. Prenuptial agreements may not be considered “romantic,” but ugly divorces are even less romantic. Approximately one-half of all marriages in the United States end in divorce. It is generally easier to address potential problems or issues before marriage rather than after marriage. If you and your spouse cannot agree on terms for a prenuptial agreement, what does that say about your prospective marriage? Moreover, prenuptial agreements do not just protect the wealthier party. A properly drafted prenuptial agreement may provide both parties protection under Nevada law. In Nevada, unlike some states, alimony may be addressed, or even waived in a properly drafted prenuptial agreement.
In sum, it is better to discuss and resolve the “tough issues” before marriage, rather than upon a possible divorce. The are many specific issues and personal decisions that must be addressed in a prenuptial agreements and they are generally enforceable if prepared by an experienced family law attorney. While many lawyers believe they are qualified to prepare a prenuptial agreement, extensive family court experience is essential. Pecos Law Group has extensive experience in the negotiation and preparation of prenuptial agreements.