Your Prenuptial Agreement Lawyer in Las Vegas, NV
Entering into a marriage is a momentous transition in your life. Giving everything you have to your relationship does not mean you should not look out for your own future, as well. At the law offices of Smith Jain, we can help you create or review a premarital agreement that protects the financial interests of both parties. We have both prepared and reviewed premarital agreements protecting estates valued from $500,000 to over $100,000,000. Signing a prenup can make sure you and your future spouse are on the same page going forward. It can also protect your rights if circumstances change down the road.
Prenuptial Agreement vs. Postnuptial Agreement
What are the benefits of having a prenup or postnup?
Whilst negotiating a prenup prior to getting married may be seen as an uncomfortable process, having a prenup in place can save a lot of money in the unfortunate event of a divorce. As the division of assets has already been agreed within the prenup, this can prevent lengthy, expensive court cases further down the line.
Similarly to a prenup, discussing a postnup with your partner may be a difficult conversation to have, but it can reduce conflict in case of divorce and prevent the need for paying expensive legal fees should a divorce occur.
Both types of agreement can also give certainty and peace of mind. Nuptial agreements are particularly important for couples who have different amounts of money or properties, who have children from previous relationships, or those who are expecting to receive a large inheritance.
Are prenups and postnups legally binding?
In England and Wales, nuptial agreements are not yet strictly legally binding. In the event that couples do get a divorce, the court must be fully satisfied that the contract was drawn up properly at the time the agreement was signed and has the power to evaluate if the agreement is fair for both parties.
The court may challenge issues, such as:
Is the agreement fair for both parties?
Were either party pressured into signing the agreement?
Did both parties fully understand the implications of signing the agreement?
Did both parties provide full financial disclosure of their assets?
The court has the power to impose a financial settlement, regardless of whether this results in changes to the agreements stated.
However, as long as a nuptial agreement is drawn up correctly, these contracts can still carry a lot of weight and are the best way to protect your financial assets in the event of a divorce.