A Nevada prenuptial agreement is a contract that sets out asset division in case of divorce or separation, with flexible content limits but prohibitions on violating public policy or laws and impacting child support. Both parties must sign willingly and understand each other’s financial obligations; otherwise, the agreement may be void in court.
Legal Considerations
Laws:
- NRS 123A.010 – Short title
- NRS 123A.020 – Application and construction
- NRS 123A.030 – Definitions
- NRS 123A.040 – Formalities
- NRS 123A.050 – Content
- NRS 123A.060 – Effect of marriage
- NRS 123A.070 – Amendment and revocation
- NRS 123A.080 – Enforcement: Generally
- NRS 123A.090 – Enforcement: Void marriage
- NRS 123A.100 – Limitation of actions
Signing Requirements: The agreement should be in writing and both parties must sign for it to have legal validity. (§ 123A.040)
Dividing Property: Nevada is a community property state, meaning assets obtained during a marriage are typically split equally in the event of a divorce. If the divorcing couple cannot decide on the division of property, the courts will step in to distribute the assets as fairly as possible.
Relevant Concerns
When Does My Prenup Go into Effect?
Your prenuptial agreement takes effect when you get married. (NRS 123A.060) If, however, the marriage is later annulled by a court, the prenup typically becomes null and void as well. (NRS 123A.090)
What Terms Are Covered?
In Nevada, prenuptial agreements can cover:
- Property rights and responsibilities,
- Property management and transactions,
- Asset division upon separation, divorce, or death,
- Alimony modification or elimination,
- Estate planning to support the prenup’s aims,
- Division of commingled property,
- Death benefits from insurance policies,
- Classification of separate or community property,
- Governing state laws,
- Pet custody after divorce,
- And any legal, non-public policy-violating terms.
What Terms Are Not Covered?
Terms disallowed in Nevada prenups include those affecting child support rights, as child welfare is paramount. (NRS 123A.050) An agreement may be void if it’s unfair at signing, lacks full financial disclosure, was signed under duress, or if it reduces a spouse’s support to the point of needing public aid. (NRS 123A.080)
