Nevada’s legal definition of premarital agreement is “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” For a premarital agreement to be enforceable, it must be in writing and signed by both spouses prior to the wedding.
Also known as a prenuptial agreement, premarital agreements are legally binding contracts that define the division of property and how much alimony a spouse receives should the couple get divorced or legally separated.
Couples most commonly use a prenup when one or both parties already have:
Prenuptial agreements can modify a spouse’s rights under Nevada’s community property laws. For this reason, people interested in a prenup should consult an experienced Las Vegas marriage lawyer.
To help you better understand Nevada’s laws on prenuptial agreements, our Las Vegas family law attorneys address:
Chapter 123 of the Nevada Revised Statutes sets forth Nevada’s Uniform Premarital Agreement Act (UPPA). It sets forth the conditions and restrictions on prenuptial agreements.
A prenuptial agreement must be in writing and signed by both parties. 1 Courts will not enforce
Sometimes, if both parties have not signed a prenup, a court may find that a verbal cohabitation agreement exists. Cohabitation agreements are contracts between unmarried people who live together. They do not need to be in writing.
Prenups do not need witnesses or notarization, though it is still a good idea.
A prenuptial agreement becomes effective upon the marriage of the parties. 2 If a court later voids the marriage, the prenup will usually also be void. 3
There are limitations to the terms a prenup may contain. Most commonly, terms of a prenuptial agreement include:
Couples have significant discretion regarding how to distribute their assets if they divorce.
Though a Nevada prenuptial agreement cannot negatively affect a child’s right to child support. 5 Courts will always look to the best interests of the child in Nevada (NRS 125C.0035) when determining support.
Additionally, a court may find a prenuptial agreement unenforceable in Nevada if:
Once a prenuptial agreement has been entered into, it can only be modified or revoked by a written agreement signed by both spouses. Oral amendments do not count. 7
Nevada domestic partnerships confer most of the same rights as marriage. Accordingly, an agreement arranging for the disposition of property rights in the event of the dissolution of a domestic partnership may be a good idea.
Your Las Vegas family law lawyer can help you decide whether a written agreement in advance of a domestic partnership makes sense.
Prenuptial agreements serve to modify a spouse’s rights under Nevada’s community property laws – often significantly. An ambiguous or seemingly unfair premarital agreement can also be subject to attack by a couple’s children or creditors.
Unless you are very business-savvy and your agreement is very simple, it is advisable to consult with an attorney before entering into a Nevada prenuptial agreement.
An experienced Las Vegas marriage lawyer in your practice area will make sure the agreement is fair and adequately protects your interests.
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