A Party Lacked Ample Opportunity to Obtain the Advice of an Independent Attorney
There are many cases where prenuptial agreements have been held to be invalid and totally unenforceable because one party was not represented by an attorney who could provide independent legal advice. A prenuptial form/template printed from the Internet does not provide independent legal advice and is not a substitute for meeting with an attorney who can explain both Nevada community property law and also explain how the terms of the prenuptial agreement can affect your rights.
A Party was Forced to Make Rash Decision and Sign the Agreement under Duress
A Court will consider all the circumstances surrounding the signing of a prenuptial agreement. If the prenuptial agreement was executed shortly before the wedding or one of the parties felt intimidated into signing the agreement, a Court could find that the agreement was signed under duress and therefore refuse to enforce its terms.
The Agreement was Unfair to One Party
Under Nevada law, each party to a prenuptial agreement owes a fiduciary duty to the other party. That means each party must act in good faith and treat the other party fairly. In fact, prenuptial agreements are presumed fraudulent where they greatly disfavor one of the parties. An experienced family law attorney can review the agreement and determine whether the prenuptial agreement is sufficiently fair and therefore enforceable under Nevada law.
There was Inadequate or Late Disclosure of Assets
It is also common for prenuptial agreements to be thrown out of court because there was an inadequate disclosure of one party's investments, business values, and real estate holdings. The agreement can also be held invalid if the disclosures occurred after the agreement was executed. An experienced prenuptial attorney can ensure there is full and adequate disclosure of assets before the agreement is signed.
A Party Lacked an Understanding of Business and Financial Matters
Courts will examine each party’s business experience along with their knowledge and understanding of financial matters. A court may find that a party lacking such knowledge did not fully understand the terms of the agreement rendering the prenuptial invalid and unenforceable.
If you wish to protect your assets, you would be well advised to seek out an experienced family law attorney who can ensure that your prenuptial agreement is valid and enforceable under Nevada law. After all, a divorce is the worst possible time to discover that the prenuptial agreement form/template you downloaded from the internet is worthless.
If you wish to consult with an experienced prenuptial agreement attorney, please contact Thomas C Bradley.
This article is based upon Mr. Bradley’s 38 years of experience, the following decisions of the Nevada Supreme Court. Fick v Fick (Nev. 1993); Sogg v Nevada State Bank (Nev. 1992); and Buettner v Buettner (Nev. 1973); and Nevada Revised Statute Section 123A.080 enacted by the Nevada legislature in 1989.
