A Nevada postnuptial agreement is a legal contract established after a couple marries detailing property rights in case of divorce or death.
While prenups have clear legal standing, postnuptial agreements, face more ambiguity, particularly regarding their validity unless signed amidst divorce proceedings. Hence, seeking legal advice when drafting a postnuptial agreement is strongly advised.
Legal Considerations
Chapter 123 of the Nevada Code, govern aspects of marital agreements, which includes postnuptial agreements.
- Signing Requirements: Both parties must sign the agreement, and if legal counsel was consulted, as recommended, the attorney should sign as well. (Cook v. Cook (1996))
- Dividing Property: In Nevada, a community property state, assets acquired during marriage are generally divided equally in a divorce. If the couple can’t agree on asset division, the courts will intervene to ensure a fair distribution.
Marriage and Divorce
Separation Agreements
- Altering Legal Relations: Spouses can only change their legal relationship concerning property and separation agreements for support during separation. [1]
- Consideration: Mutual consent is enough for such agreements.
- Divorce Consideration: Agreements remain valid even if made to avoid litigation, becoming effective only upon divorce.
- Legal Effect: If presented in a divorce case, the agreement has the same effect as if it were part of the court’s decree.
Formalizing Marriage Contracts
- Requirement for Writing: Marriage contracts must be written, executed, and acknowledged like real estate documents. [2]
- Recording: Must be recorded in every county where related real property exists. [3]
- Notice Through Record: Recording gives everyone notice of the contract’s contents. [4]
- Validity and Effect: Without recording, the contract doesn’t affect real property except between the parties involved. [5]
Spousal Support
An agreement made while a couple is still living together that contains a provision limiting the responsibility of one spouse to support another violates statutory command and is void. [6]
