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Las Vegas Divorce Attorneys. Las Vegas Divorce Lawyers.
Prenuptial (or Postnuptial) Agreements
Las Vegas divorce Attorneys, Jennifer V. Abrams and Vincent Mayo, have had Prenuptial Agreements both upheld, and set aside, on behalf of our clients.
A Prenuptial Agreement (also referred to as a Premarital Agreement or Ante Nuptial Agreement) is enforceable despite its age or the state in which it was entered, so long as it was properly drafted and implemented. The same is true for Postnuptial Agreements which are agreements signed after the date of marriage.
There are many factors to consider in determining whether an agreement was properly drafted and implemented. Therefore, each case must be evaluated individually. However, in general terms, a valid agreement is one where:
- Each party either was represented by an independent attorney or had the opportunity to obtain independent legal representation but voluntarily and expressly declined such representation.
- Each party received a reasonable disclosure from the other party regarding assets and debts, and each party waived any disclosure from the other party beyond the disclosure provided.
- The agreement does not adversely affect a party's right to child support.
- The agreement is not so one-sided that it is regarded as being grossly unfair.
- There are also certain limited requirements regarding the modification or elimination of alimony that should be properly addressed.
Generally, a Prenuptial or Postnuptial Agreement will not be enforced against a party who proves any of the following:
- They did not sign the agreement voluntarily.
- They were not provided a fair or reasonable disclosure of the property or financial obligations of the other party, and; they did not voluntarily and expressly waive any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided, and; they did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.
- The agreement was unconscionable. This means that the agreement favors one party so much that it shocks the conscience as unfair.
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