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The Nevada prenuptial agreement is a legal document that the parties that are about to get married use to define their financial relationship and each partner's rights and obligations in that regard.
The prenuptial agreement is not only made for wealthy partners. The future spouses should make the prenup agreement if one or both of them have accumulated certain assets or liabilities before the marriage and want to keep them separate from the marital property.
The parties can also use the prenuptial agreement after marriage to define how they will divide the marital property in case they get separated or divorced.
Laws and Legal Requirements for a Prenuptial Agreement in Nevada
Chapter 123A of the Nevada Statutes, also called the Premartial Agreements (Uniform Act), provides the legal framework for Nevada prenuptial agreements. The state law uses the term premarital agreement instead of prenuptial agreement. However, the nature of the document is the same.
Section 123A.030 provides a definition of the prenuptial agreement. It defines it as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
Signing Requirements for a Prenuptial Agreement in Nevada
The state law provides three requirements regarding the form of the Nevada prenuptial agreement:
Signing Requirements
The agreement must be made in writing
Both parties must sign the agreement
The agreement is enforceable without consideration
The Nevada Statute doesn’t require notarization for the prenuptial agreement. However, parties should still consider signing the document in front of a notary public if possible. The notary public will identify the parties and confirm that they have personally signed the document. This will significantly increase the authenticity of the document and prevent potential fraud.
Prenuptial Agreement Enforcement in Nevada
Section 123A.080 outlines the main reasons for the Nevada prenuptial agreement form to be declared unenforceable. The court will declare the agreement unenforceable if the party against whom enforcement is sought proves that:
Prenuptial Agreement Enforcement Conditions
They have signed the prenuptial agreement against their will
They have not been provided with a fair and reasonable disclosure of the assets and liabilities of the other party
They didn’t have or reasonably couldn’t know the financial status of the other party
Moreover, the agreement can include a waiver of the right of one of the parties to alimony or spousal support after divorce. However, if the enforcement of this provision causes one party to become eligible for support under a program of public assistance, the court will declare this provision unenforceable.
What Can a Prenuptial Agreement in Nevada Cover?
The parties are free to include any provision in their prenuptial agreement form. However, the provisions must not violate state law or public policies.
Section 123A.050 provides the most commonly used provisions for the prenuptial agreement template:
Provisions in a Prenuptial Agreement
The rights and obligations of each party in terms of their individual property
The right to manage, exchange, mortgage, sell, or buy the property that the parties acquired during their marriage
Rules on how the property will be split between the spouses in case of a marriage dissolution, separation, death, or another similar event
Provisions regulating matters like alimony and spousal support
The choice of law governing the construction of the agreement
Moreover, the prenuptial agreement cannot regulate matters connected with child support since this matter is in the exclusive jurisdiction of the court.
Prenuptial Agreement in Nevada Validity Criteria
The first validity criteria for the prenuptial agreement is connected with the formality criteria outlined in the state law. The prenuptial agreement must be made in writing and willingly signed by both parties to be considered valid.
Moreover, it must be in line with state law and public policy. Lastly, the prenuptial agreement will be considered invalid if the parties don’t get married after signing it or if the marriage becomes void at some point.