A prenuptial agreement, or prenup, is a legal contract between two people planning to marry. It allows them to determine how their assets and property will be divided in the event of a divorce or separation. In Nevada, a number of items can be negotiated and included in a prenup.
- Property and Assets: One of the most common things couples include in a prenup is how their property and assets will be divided in the event of a divorce. This can include anything from real estate and investments to personal property like jewelry or artwork.
- Debts and Liabilities: Couples can also negotiate how debts and liabilities will be divided in the event of a divorce. This can include credit card debt, student loans, and other financial obligations.
- Spousal Support: Couples can also include provisions in their prenup regarding spousal support, also known as alimony. This can include the amount of support, how long it will be paid, and any other terms that the couple agrees upon.
- Inheritance and Gifts: Couples can also include provisions in their prenup regarding inheritance and gifts. For example, they can agree that any inheritance or gifts received during the marriage will be considered separate property and not subject to division in the event of a divorce.
- Business Interests: If one or both spouses own a business, they can negotiate how the business will be divided in the event of a divorce. This can include how the business assets and liabilities will be divided and whether one spouse will buy out the other's share of the business.
It's important to note that there are limits to what can be included in a prenup under Nevada law. For example, child custody and child support cannot be negotiated in a prenup as it is the court's responsibility to determine what is in the best interests of the child. Additionally, provisions that violate public policy or are illegal will not be enforced.
Overall, a prenup can provide couples with peace of mind and a clear plan for how their assets and property will be divided in the event of a divorce or separation.
Couples who are considering a prenup should work with an experienced attorney to ensure that their agreement is legally enforceable and meets their needs and concerns.