Challenging a Prenup in Nevada
A prenuptial agreement is a contract between two people who plan to marry that does not go into effect until they tie the proverbial knot. To be valid, your Nevada prenuptial agreement must be in writing and must be signed by both you and your intended. While a prenuptial agreement is meant to resolve issues related to your marital rights and responsibilities and the division of your marital property in the event of divorce (or death), this doesn’t mean it cannot be challenged as unenforceable.
The Uniform Prenuptial Agreement Act
Along with many other states, Nevada has adopted the Uniform Prenuptial Agreement Act (UPAA), which is a set of rules that governs prenups. A prenuptial agreement must adhere to the basic principles of contracts. Namely, it must be in writing, must be willingly entered into before you are married (though written and signed amendments can be made after you’ve wed), and must be signed by both of you.
Challenges to a Nevada Prenuptial Agreement
While a prenuptial agreement can be challenged, the burden of proof is on the contesting spouse. If you can prove that one of two situations occurred, your prenup will be considered unenforceable:
● You didn’t voluntarily sign the agreement.
● The agreement that you signed was seriously unfair to you (this is known as being unconscionable), and several other circumstances also apply:
○ You weren’t made aware of the full extent of your future spouse’s assets and liabilities.
○ You didn’t waive (voluntarily and in writing) your right to full disclosure regarding your future spouse’s finances.
○ You couldn’t reasonably have had adequate knowledge related to your future spouse’s finances.
While you can’t set aside a valid prenuptial agreement simply because you don’t think it’s fair to you, if you signed a prenuptial agreement without being provided with the information you needed, you can challenge the agreement’s enforceability.
Your Prenuptial Agreement
The court will take a number of factors into consideration in determining whether your prenup is unconscionable and, therefore, unfair to you. If you can show that you were defrauded by your spouse’s failure to fully disclose significant aspects of his or her financial assets and debts and that you wouldn’t have signed the document if you’d had the information, you likely have a good basis for challenging the contractual agreement. The court will take the unique circumstances of your case into consideration in making its determination, however. For example, if you are a savvy business person who has significant experience with business contracts, you will have a more difficult time convincing the court that you were defrauded. Further, if the financial discrepancy is a minor amount (of a few thousand dollars or less), it is unlikely to affect the agreement.
Alimony and Prenuptial Agreements
A prenuptial agreement can terminate alimony, but if the loss of this alimony would force you to need financial assistance from the state, the court can disregard the alimony terms. Any attempt to leave a spouse destitute will likely be set aside by the presiding judge.
Challenging Your Prenup
If you are facing a divorce and you have what you believe is an unconscionable prenuptial agreement, you need a skilled Las Vegas attorney who’s experienced at challenging Nevada prenups. Your rights matter; obtain experienced legal counsel today.