What Is a Nevada Postnuptial Agreement?
A Nevada postnuptial agreement lets married couples divide their debts and property, allowing them to have a plan if the union ends. It’s similar to a prenuptial agreement, but a prenup is signed before marriage. Couples draft a postnup after they wed, allowing them to adapt to changing circumstances. For example, they can account for a new inheritance. They may also adjust due to one spouse’s financial decisions.
Nevada is a community property state. By default, it calls for the equal division of property and debt accumulated after marriage in a divorce agreement (NV Rev Stat § 123.220). A postnup protects you from taking on a spouse’s debt or losing your retirement accounts or business holdings.
How to Write a Postnuptial Agreement in Nevada
Our Nevada postnuptial agreement form walks you through writing your own document. It contains all essential elements to ensure it’s valid under state law.
- Fill in identifying information: Name both spouses and write their shared address. Identify any children they have, whether together or from previous marriages.
- Disclose financials: Each spouse should confirm they’ve shared information about what they own and owe. This includes bank and retirement accounts, life insurance, real estate, cars, and other valuable items.
- Differentiate between separate and marital property: List what each spouse owned before the marriage and what they got together after marriage. Explain how you’ll divide this property if you get divorced.
- Protect business interests: If one or both spouses own a business, decide who will keep the business and who will run it if the marriage ends.
- Disclose debts: Detail both spouses’ debts, such as student loans, credit card debt, and mortgages. Assign responsibility for debts.
- Decide tax filing status: Determine as a couple whether you will file taxes jointly or separately.
- Divide marital home: Decide who will keep the family home if the marriage ends or how you will split the money from a home sale. You can also include a rule for how both spouses share household costs while married.
- Account for pets: Include a pet custody agreement. This form states the party who will retain ownership of any pets adopted together or separately.
- Set alimony: Nevada statute lists default payment procedures for spousal support (NV Rev Stat § 125.150), but a postnup can override them. If one of the parties will receive alimony, include the amount and terms.
- Add relevant clauses: Account for the support of a disabled spouse, provide instructions for the care of children from a previous relationship, or include other provisions that meet you and your spouse’s unique needs.
- Agree on dispute resolution: Determine how to resolve property disputes should they arise.
- Sign and notarize: NV Rev Stat § 123.270 requires notary acknowledgment.
Sample Nevada Postnuptial Agreement
View a free Nevada postnuptial agreement template to know what to include in yours. Then, create your own via our document builder and download it in PDF or Word format.
Legal Requirements and Considerations for Nevada Postnups
NRS § 123.070 provides that spouses can contract with each other respecting property. Nevada courts recognize postnuptial agreements when they:
- are in writing
- are signed voluntarily by both spouses without coercion and notarized
- don’t include terms that are unconscionable or illegal
- include a fair and full disclosure of all assets and debts
Signing Requirements
The state of Nevada doesn’t specifically address postnups in statute like it does prenups. Instead, Nevada enforces postnups based on case precedent, including the provision that both parties must voluntarily sign the document for it to be valid (Cook v. Cook). The courts can invalidate a postnup if they find that one party signed under duress or didn’t give a full financial disclosure.
Legal Representation
You don’t have to hire an attorney to write a postnuptial agreement in Nevada. However, the recommendation is for each spouse to secure independent counsel to ensure fairness. If an attorney advises you on any part of the postnuptial agreement, they should also sign the document (Cook v. Cook).
Excluded Terms
Nevada postnups can only dictate the division of property. They don’t cover issues such as child custody and support, which the state’s family courts handle (NV Rev Stat § 125C).
Recording
Postnups in Nevada must be filed with the local county recorder’s office and made public to vehicle liens and mortgage holders (NV Rev Stat § 123.290). A postnuptial agreement in Nevada that affects title to land is not valid until it’s filed with the recorder’s office (NV Rev Stat § 123.300).
Writing Requirements
Marriage contracts and settlements in the state must be in writing and notarized to be acknowledged by the courts (NV Rev Stat § 123.270).
