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In family law, when is a premarital agreement unenforceable?

When they get married, many Nevadans will seek to protect themselves with a premarital agreement. There are many reasons people will do this and it does not necessarily mean that there is a suspicion of ill intent on the part of the other spouse. It could be because one spouse enters the relationship with significantly greater assets than the other spouse. There could be business interests at stake. Or both parties may want to protect themselves in case the marriage does not work out.

Regardless, if there is the unfortunate situation in which a couple decides to divorce and they have premarital agreement, it is not uncommon for there to be questions as to whether or not the document is enforceable. This can be the foundation for an extensive dispute.

For the premarital agreement to be unenforceable, the party facing its enforcement must show either that: he or she did not agree to it on a voluntary basis; it was unconscionable -- unfair -- when it was created and agreed to; or prior to it being executed the person did not receive a fair and complete disclosure of the other party's financial obligations and property, did not waive the right to that disclosure in writing or expressly, and did not and could not have a full knowledge of the other party's property and financial obligations.

When the agreement renders the other party eligible for public assistance because it eliminated support or maintenance, then the it can be changed to end that eligibility. The court will determine if the agreement is unconscionable. The end of a marriage is a difficult time no matter the circumstances, but when there is a battle over a premarital agreement, it is even harder. For those who are on either side of the dispute, having legal advice from a law firm that understands family law is critical.

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