Free Nevada Prenuptial Agreement Template

What Is a Nevada Prenuptial Agreement?

A prenuptial agreement in Nevada is a legal contract signed before marriage. It establishes how you will divide personal, real estate, and business assets if the marriage ends. In Nevada, all property acquired after marriage by the spouses is considered community property, per Nevada Code, Title 11 Domestic Relations § 123.220. A prenuptial agreement lets you and your spouse control your property division if you divorce or one of you passes away. The agreement can override the state’s community property laws if it is properly written and signed.

In a divorce agreement, the courts usually divide property with a 50% share to each party, unless the parties have a written agreement. If you create this agreement before the marriage, it is a prenuptial. A contract outlining property division after a marriage is a postnuptial agreement.

How to Write a Prenuptial Agreement in Nevada

Take these steps to create a prenuptial agreement consistent with Nevada laws. Use our document builder to streamline the process:

1. Enter the Parties’ Information: Include each spouse’s full name and marriage history. Add information about any children from the current or previous relationships.
2. Provide Property Details: Disclose any property owned before the marriage. Decide how you plan to handle the individual and joint property you got during the marriage. You may treat property as separate or shared, but be sure to note any specific exceptions. State whether you want marital property divided by a percentage or per Nevada laws.
3. Determine Business Shares: If you or your spouse owns a business, decide how to divide the assets. You may divide the business increase during your marriage, instead of the full value.
4. Divide Debts: You and your spouse must disclose all financial obligations, including all bills and taxes. Decide if your debt will remain separate or become marital debt, and note any exceptions. Establish how you will divide marital debt if the marriage ends, and whether you and your spouse will file joint or separate taxes.
5. Divide Home Expenses: Establish how you and your spouse will divide the marital home and how you plan to cover household expenses. You may have each party pay specific expenses, split costs, or have one spouse pay for all costs.
6. Establish Spousal Support: Decide whether one spouse will pay alimony upon dissolution of the marriage. If one of you plans to provide financial support, note the payment amount, frequency, and duration. You may also choose to waive support in the agreement.
7. Add Final Details: Consider adding clauses to address specific conditions not already in the document. Examples include disability and death, dispute resolution, or notarization.
8. Identify governing entities: Note the states where the parties will sign the prenup. Establish which state laws will govern the agreement.
9. Sign the document: Print the document from our builder in a PDF format, then sign and date to complete the contract.

Sample Nevada Prenuptial Agreement

Below, you can view a sample Nevada prenuptial agreement. You can customize this template to meet your needs with Legal Templates. Then, once it’s complete, you can download in PDF or Word format.

Legal Requirements in Nevada 

Prenuptial agreements in Nevada must meet specific requirements under NRS § 123A. Consider these legal factors when creating your prenup.

Signing

Per NRS § 123A.040, both parties must sign the prenup in writing. The document does not need a notary or witnesses, but it may be wise to add a notary acknowledgement for legal purposes.

Enforceability 

Prenuptial agreements in Nevada cannot include terms that affect child support, per NRS § 123A.50.

According to NRS § 123A.80, the court will not enforce the agreement if it is unfair, one-sided, or signed under duress. The judge will determine whether a prenup meets this threshold and adjust the terms as needed.

Financial Disclosure 

In Nevada, spouses must provide fair and reasonable financial disclosure before signing a prenup. These disclosures should include all property, financial interests, assets, debts, and liabilities. You may include invoices, bills, bank statements, and other documents as part of your disclosure. The right of disclosure may be waived in writing. However, if it is not waived, the agreement could be held invalid if a full disclosure is not made.

Modifications

NRS § 123A.070 allows the parties to change the prenup with a new written agreement signed by both parties. As with the original document, the form must be fair to both parties and not signed under duress. You must make another full and fair financial disclosure that includes any new liabilities, income, or debts.