Since Nevada is a community property state, the law presumes that all the assets and debts owned by the parties at the time of divorce should be equally divided. It can be very expensive in a divorce to prove separate property claims and defeat claims for alimony. Without the protection of a legal marriage, many unmarried couples who acquire assets together are left without recourse upon death or break-up. A premarital agreement is a before marriage solution to obviating some risks of divorce by limiting the parties’ respective property rights and rights to alimony. A post-nuptial agreement is a marriage contract created anytime after marriage. A post-nuptial agreement is recommended if the financial status of the marriage changes during the marriage through an inheritance or career change. A separation agreement is an agreement which sets forth the parties’ rights and obligations with respect to assets, liabilities, support, maintenance and custody/visitation of minor children upon the parties’ physical separation but before the divorce process is initiated. A cohabitation agreement is a contract between unmarried, adult cohabitants which contractually establishes the rights and obligations to one another upon death or break-up. Unless the unmarried couple defines their partnership through a legal contract, it is possible that the law will prevent them from enjoying certain rights and protections otherwise provided by a marital union upon death or break-up. We will carefully draft a premarital, post-nuptial, separation or cohabitation agreement that works to 1) protect assets and income from being divided pursuant to the community property laws; 2) preserve assets for children from previous marriages; and 3) eliminate uncertainty upon death, divorce or break-up.
