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Posted by on Oct 27, 2013 in Nevada Divorce | 0 comments

Nevada Community Property Win Over A Prenuptial Agreement

Attorney Gary Zernich recently won a case for his client involving the validity of a prenuptial agreement. The Clark County Family Court ruled that a substantial amount of money that would have otherwise been the separate property of the other party will now be considered community property in the case as a result. This article is to explain the law regarding Nevada prenuptial agreements as well as how you can protect your interests in a contested divorce.

Prenuptial agreements are not automatically valid in Nevada

Many people are under a misbelief that a prenuptial agreement can never be challenged. Nevada law allows for the validity and/or enforceability of prenuptial agreements to be challenged in court for several reasons. If the Court does not uphold the agreement then it will be as if the agreement were never signed. Reasons for invalidating a prenuptial agreement include fraud, duress, lack of proper representation at the time of execution, and a finding that the process leading up to the execution was unfair or unreasonable. A Court may throw out the agreement if it is found to be unenforceable or invalid. Nevada law allows for the validity of an agreement to be brought up at any time during a divorce matter.

The recent victory by our office involved our successfully arguing for a Court to hold a prenuptial agreement was unenforceable and thus invalid. The Court held that the Parties’ prenuptial agreement was invalid because the husband did not disclose all of his assets at the time the agreement was signed and the wife, who we represented, did not have an opportunity to have her own attorney review it. If you enter into a premarital agreement and you do not disclose all of your assets then the Court is likely to throw out at least part of your agreement. This protects the other party from being defrauded into an agreement they would otherwise not sign. Due to our victory, assets that would have been separate property are now considered Nevada community property and they will be divided equally with our client. We have successfully represented other clients on both sides of this issue. The other side of the issue is that a prenuptial agreement is valid and thus enforceable and should be given full consideration in a ruling by the Court when dividing the parties’ assets and debts.

Hire an attorney to prepare your prenuptial or post marital agreement

If you wish to have a prenuptial agreement or post marital agreement prepared then it is best to hire an attorney. A post marital agreement is much the same as a prenuptial agreement, just one entered into during the marriage. Hiring a lawyer to handle your premarital agreement or post marital agreement will ensure that it is handled properly and that the intended settlement is not invalidated in the unfortunate event of a divorce. The Zernich Office regularly prepares prenuptial settlements, post martial agreements and divorce settlement agreements for residents of Las Vegas and southern Nevada. Contact our office online or call today to schedule your consultation.

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