What is a prenuptial agreement?
Prenuptial agreements, sometimes referred to as “prenups,” are private agreements between a couple contemplating marriage. Typically a prenuptial agreement customizes the arrangement of your marriage and provides provisions for the following in the event of a divorce, or death of either spouse:
- How the property owned by each of you prior to the marriage, and the property that is acquired during your marriage
- How the income and earnings of each of you are treated during the marriage, and determining to what extent a spouse is entitled to alimony or spousal support if there is a divorce
If you have such an agreement it will likely make the divorce process easier, in the event that the marriage becomes dissolved. The law offices of Kelleher & Kelleher can assist you with protecting your legal rights if you are contemplating a prenuptial agreement. We can also assist you if you are a party to a prenuptial agreement and you are now contemplating or facing a divorce action.
Something to Consider
We have seen a significant increase of couples including their pets in their prenuptial agreements in recent years. It’s good advance planning if you bring a dog or cat into any relationship.
Unless pets are specifically included in a prenuptial agreement, the party who had purchased the animal, usually keeps custody. In Nevada, they are considered property.
In the State of Nevada
Prenuptial agreements are enforceable in Nevada, and Nevada has adopted the Uniform Premarital Agreement Act. In Nevada, a prenuptial agreement must be in writing and signed by both parties. However, prenuptial agreements are frequently challenged in Nevada at the time of a divorce.
The Reality of Divorce
Unfortunately the possibility and probability of divorce is quite high, which also increases the likely need and use of a prenuptial agreement.
41% of first marriages end in divorce
60% of second marriages end in divorce
73% of first marriages end in divorce
Why might you need
A Prenuptial Agreement?
- To protect assets owned by a party prior to marriage
- To designate the payment and division of debts
- Gives you the ability to establish a plan for payment of joint expenses during marriage
- To alleviate any fear of the couple’s parents or children that a new spouse is only looking to take advantage of a spouse’s property
Let us help you.
Whether you are thinking about entering into a prenuptial agreement, or already have one and are exploring the option of divorce, contact us for a consult today!
Call us at (702) 384-7494