How do "prenuptial agreements" work in Nevada?

It is a fact of life that many marriages end in divorce. Even relatively amicable and mutually agreed-upon divorces can be contentious and heated. That is why it is important to have a well-drafted prenuptial agreement (aka premarital agreement) that will help you ensure that you will retain your hard earned property and assets in the unfortunate event of divorce.

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What are prenuptial agreements in Nevada?

A prenuptial agreement in Nevada law is an “agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” Also called "premarital agreements," prenuptial agreements are often used by future spouses to simplify many common issues that couples may experience in the event of divorce.

While the details of a prenuptial agreement can vary significantly from couple to couple, many prenuptial agreements define the division of property and the amount of spousal support in the event of divorce.

How do I enter into a prenuptial agreement in Nevada?

Under Nevada law, a prenuptial agreement must be in writing and signed by both parties to the agreement. An oral agreement or an agreement signed by one party will not be recognized as an enforceable prenuptial agreement.

What terms can a prenuptial agreement contain in Nevada?

Though Nevada law acknowledges the validity of prenuptial agreements, there are limitations and regulations about the terms a prenup may contain.  It is permissible for a Nevada prenuptial agreement to contain terms regarding:

  • The rights and obligations of each spouse to any property owned by either spouse.

  • The right to buy, use, sell, transfer and control property.

  • The ownership of property upon separation, divorce, death, or any other event.

  • The elimination or modification of alimony or spousal support.

  • The making of a will or trust to carry out the goals of the prenuptial agreement.

  • Which state's laws govern the agreement.

  • Any other term that does not violate public policy or the law.

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What terms are not allowed in a Nevada prenuptial agreement?

A couple entering into a Nevada prenuptial agreement has significant discretion to agree to a particular distribution of a couple's assets and property. However, a prenuptial agreement cannot negatively affect a child's right to child support.

When is a prenuptial agreement unenforceable in Nevada?

Even if a prenuptial agreement does not negatively affect the financial support of a child, the agreement can be unenforceable under Nevada Law for other reasons. If a prenuptial agreement contains any of the following elements, a court may find the agreement unenforceable:

  • The agreement was unconscionable when the couple entered into the agreement.

  • The spouse seeking the prenuptial agreement failed to disclose their property and financial obligations in a fair and reasonable manner.

  • The agreement was not entered into voluntarily.

  • The agreement eliminates or modifies spousal support or alimony and that modification or elimination causes a spouse to be eligible for public assistance.

Whether a prenuptial agreement is unenforceable is an issue of law that will ultimately be decided by the court.

When does my prenuptial agreement go into effect?

A prenuptial agreement becomes effective upon the marriage of the parties. If the marriage is later determined to be void by a court, generally the prenuptial agreement will also be considered void.

Can I modify or revoke a prenuptial agreement in Nevada?

Once a prenuptial agreement has been entered into, it can only be modified or revoked by a written agreement signed by both spouses.

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Why should I hire an attorney?

You have worked too hard to earn your assets and property over the course of your life only to forfeit those assets in the wake of a divorce. It is important that you have a prenuptial agreement that adequately protects your rights and your property.

The experienced Las Vegas attorneys at 702-DEFENSE (702-333-3673) can help you be certain that you are protected in the event of divorce. Contact us today.

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