Free Consultation
A postnuptial agreement is a written contract between spouses, signed after the marriage, that defines how assets, income, and obligations will be handled during the marriage and in the event of divorce or death.
Unlike a prenuptial agreement, which is signed before marriage, a postnup is drafted in the middle of an existing relationship. That context shapes both the legal requirements for enforceability and the practical conversations couples need to have before signing.
Ford Law drafts postnuptial agreements for Nevada couples whose financial circumstances have changed, or who wish to clarify expectations that were never formally addressed.
Couples often consider postnups after a material change in circumstances:
A properly drafted Nevada postnuptial agreement can:
Nevada courts will not enforce postnup provisions that:
Nevada evaluates postnuptial agreements more skeptically than prenuptial agreements. The reason is contextual: spouses owe each other fiduciary duties during marriage that don’t exist before the wedding. Courts want to be sure the agreement is fair, informed, and voluntary.
For a Nevada postnup to be enforceable, it should generally include:
The absence of these creates risk. At Ford Law, we build the record for enforceability from the first meeting, because the goal isn’t to sign an agreement; it’s to sign an agreement that holds up.
| Prenuptial Agreement | Postnuptial Agreement | |
|---|---|---|
| Timing | Before marriage | After marriage |
| Context | Negotiated as strangers-in-law | Negotiated as spouses with fiduciary duties |
| Enforceability standard | Relatively high | Higher. Courts review more carefully |
| Typical use | Protecting premarital assets | Responding to a change in circumstances |
| Challenges | Disclosure, voluntariness at signing | All prenup issues plus fiduciary duty concerns |
No. One attorney cannot represent both spouses; it’s a conflict of interest. One spouse can sign a documented waiver of independent counsel, but doing so substantially weakens enforceability. We recommend each spouse have their own lawyer.
Cost depends on complexity. Straightforward postnups are modest; agreements involving business valuation, executive compensation, or multi-jurisdictional assets cost more. We quote transparently at the consultation.
Yes, by written amendment signed with the same formalities. Couples occasionally update postnups after major life events.
If properly drafted, executed, and supported by full disclosure, yes. Challenges typically focus on procedural or substantive fairness at signing.
This is a personal question, not a legal one. Many clients tell us the opposite, that the conversation forced useful clarity and strengthened the relationship. Others find the process difficult. Either way, a properly drafted agreement reflects the reality of the marriage, not its fragility.
If your circumstances have changed or you want to formalize expectations you’ve never put in writing, we’re happy to walk through what a postnup can and cannot do for your specific situation.
Schedule a Consultation | Call (702) 710-2140
1 Meridian Vista Drive, Suite 255, Las Vegas, NV 89135 Monday–Friday, 8:30 AM – 5:30 PM
"*" indicates required fields
By submitting, you agree to receive text messages from Ford Law PLLC. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
"*" indicates required fields
Your relationship with your child is irreplaceable.
Ford Law works with families in Summerlin and throughout the Las Vegas metro area who are dealing with custody disputes and other family law matters. We combine over 15 years of litigation experience with a deep understanding of the Clark County Family Court system.
By working with a dedicated child custody attorney in Las Vegas, you ensure that your rights as a parent are defended with the highest level of professional care. We handle the legal complexities so you can focus on being a parent.
Contact Ford Law today to schedule your consultation in Summerlin or Las Vegas. Let us help you protect your family’s future.