Download Nevada Postnuptial Agreement Form [PDF]

The Nevada postnuptial agreement is a legal document that outlines how the spouses will regulate their mutual financial and non-financial relationships during and after the marriage.

This document can regulate questions like management of the property during the marriage and division of the marital property in case of a divorce, as well as matters connected with the insurance policy, pension, alimony, wills, trusts, and more.

The main difference between a postnuptial and a prenuptial agreement is the actual moment of signing the document. With a prenup agreement, the parties must sign the document before they enter the marriage. However, with the postnup agreement, the spouses are signing the document once they have already entered the marriage.

Laws and Legal Requirements for a Postnuptial Agreement in Nevada

The laws and legal requirements for a postnuptial agreement in Nevada are all outlined in state law and court decisions. Nevada hasn’t adopted the Uniform Marital Agreement Act, and therefore, the regulation of this matter is subject to state law.

Section 123.080 of the Nevada Revised Statutes provides that a married couple cannot change their legal relationship through any contract with each other except concerning property matters. However, they are allowed to agree to an immediate separation mutually and can arrange for the financial support of either spouse or their children during this separation.

Signing Requirements for a Postnuptial Agreement in Nevada

The state law requires the parties to make the postnuptial agreement in written form. Moreover, both spouses are required to sign the postnuptial agreement. The attorneys should also sign the postnuptial agreement if the parties have consulted them before signing the document.

However, the state law doesn’t require parties to notarize their postnuptial agreement. Even though this is not a requirement, the parties should always consider completing this step, as it will confirm the authenticity of the document and prevent potential disputes and fraudulent activities down the road.

Postnuptial Agreement Enforcement in Nevada

The state law provides certain requirements for the postnuptial agreement in Nevada. It provides that, in order to be considered enforceable, the Nevada postnuptial agreement form must fulfill the following criteria:

Postnuptial Agreement Enforcement Conditions

1) It must be willingly signed by both spouse

2) Both parties must fully understand the consequences of signing the postnuptial agreement

3) It must be fair and equitable for both parties to the agreement

Moreover, the court might declare any provision that regulates child support unenforceable since this matter is in the exclusive jurisdiction of the court.

What Can a Postnuptial Agreement in Nevada Cover?

The Nevada postnuptial agreement template can cover multiple matters related to the financial and non-financial relationships of the spouses.

The following are some of the matters that are most commonly regulated by the Nevada postnuptial agreement template:

Provisions in a Postnuptial Agreement

Rights and duties of the parties in connection with their individual and marital property
Right to sell, buy, lease, transfer, mortgage, and manage the property acquired during the marriage
Agreement on how the property will be divided in case of marriage dissolution, divorce, death, or any similar event
Matters connected with alimony, insurance, pensions, and more

When drafting the postnup agreement, the parties should also make sure all the provisions are in line with state law and public policy.

Postnuptial Agreement in Nevada: Validity Criteria

The first validity criteria for the Nevada postnuptial agreement is connected with the formality criteria set by the state law. In other words, the postnup agreement must be in written form and signed by both parties to be considered valid.

Moreover, the parties must sign their postnuptial agreement during their marriage for the document to be considered valid. The parties can also sign multiple postnuptial agreements to regulate different aspects of their financial and non-financial relationships.