The pain and heartache of divorce are virtually unavoidable. However, the worst of the legal difficulties can be prevented in many cases if the couple entered into a prenuptial agreement before getting married. A prenuptial agreement is a special contract signed prior to marriage that allows couples to set specific terms for their marriages as opposed to letting Nevada law do this for them.
In this regard, one could look at a prenuptial agreement as a "last will and testament" for a marriage. When a Nevada resident creates a will, it allows him or her to take control over the division of his or her assets amongst heirs following death. He or she can also indicate she shall take care of his or her children following death. Without a will, a Nevada estate will be divided in accordance with predetermined estate laws, which may not reflect the true wishes of the estate planner.
Similarly, a prenuptial agreement allows spouses to take control of their marital agreements and protect themselves from the predetermined laws and legal standards that the state will apply to their divorces following the death of their marriages. Furthermore, it allows spouses to honor and protect the great love they have for one another now, and even following the breakdown of their marriage. Sometimes divorce is not pretty, and fighting and judgments can ensue during the process, but with a prenuptial agreement in place, spouses will usually be required to honor this legally binding contract despite their personal feelings.
Nevada couples who want to draft a prenuptial agreement before marriage might do so to protect their personal or business assets, or simply to have a plan for divorce that will make the process faster, easier, less expensive and less stressful if it ever becomes necessary. Regardless of the reasons for the prenuptial agreement, at the Kainen Law Group, we will handle its creation delicately and carefully in a way that honors the legal rights and needs of all parties involved.