How to Draft a Prenuptial Agreement in Nevada: What to Include and What to Avoid
A prenuptial agreement (also called a premarital agreement) is a contract signed before marriage that specifies how property will be divided, what support will be paid, and how financial matters will be handled if the marriage ends in divorce or death. In Nevada, prenuptial agreements are governed by the Nevada Uniform Premarital Agreement Act (NRS 123A.010 et seq.). A poorly drafted prenuptial agreement—one that omits required elements or includes provisions Nevada courts will not enforce—provides false security and may be entirely voided when you need it most. Hauser Family Law drafts prenuptial agreements for Las Vegas couples that hold up.
What Can a Nevada Prenuptial Agreement Cover?
Under NRS 123A.040, parties to a Nevada prenuptial agreement may contract with respect to: rights and obligations in any property, whenever and wherever acquired; rights to buy, sell, use, transfer, mortgage, encumber, or otherwise manage and control property; the disposition of property upon separation, divorce, death, or any other event; the modification or elimination of spousal support (alimony); the making of a will, trust, or other arrangement to carry out the agreement’s provisions; the ownership rights in and disposition of the death benefit from a life insurance policy; the choice of law governing construction of the agreement; and any other matter not in violation of public policy or a statute imposing criminal penalties.
What Cannot Be in a Nevada Prenuptial Agreement
Under NRS 123A.040(2), a prenuptial agreement may not adversely affect the right of a child to support. Any provision purporting to limit or eliminate a parent’s child support obligations is void and unenforceable. Additionally, a prenuptial agreement cannot require either party to commit an illegal act. Courts have voided provisions that would incentivize divorce or penalize a spouse for becoming pregnant. Provisions that are unconscionable at the time of enforcement—not just at signing—may also be voided.
Requirements for Enforceability Under NRS 123A.080
Nevada courts will void a prenuptial agreement if the challenging party proves: (1) the agreement was not signed voluntarily—pressure, coercion, threats, or presenting the agreement at the wedding rehearsal dinner creates a colorable involuntariness claim; or (2) the agreement was unconscionable when signed AND the challenging party was not provided fair and reasonable disclosure of the other party’s property and financial obligations, did not voluntarily waive disclosure rights, and did not have adequate knowledge of those obligations. Financial disclosure is the most common ground for challenge—each party should exchange complete lists of assets, liabilities, and income before signing.
Timing and Execution Best Practices for Nevada Prenups
Best practices that strengthen a Nevada prenuptial agreement’s enforceability include: presenting the agreement at least 30 days before the wedding (longer is better); ensuring each party has independent legal counsel review the agreement; exchanging complete financial disclosure schedules attached to the agreement; signing before a notary; avoiding last-minute changes; and preserving records of the disclosure and negotiation process. An agreement prepared and signed weeks before the wedding, with both parties independently represented and full financial schedules attached, is extremely difficult to challenge successfully.
What to Include in a Nevada Prenuptial Agreement
Well-drafted Nevada prenups typically address: designation of separate property (what each party owns now stays theirs); treatment of appreciation on separate property (stays separate vs. converts to community); treatment of commingled assets (how to trace and restore separate funds used for marital purposes); alimony waiver or limitation (enforceable in Nevada with proper drafting); debt allocation (each party responsible for their own pre-marital debts); estate rights (waiving elective share rights if appropriate); and choice of Nevada law to govern the agreement.
Contact Hauser Family Law — Las Vegas Prenuptial Agreement Attorneys
Hauser Family Law drafts prenuptial agreements that are specific, complete, and structured to be enforced if needed. Call today to schedule a prenuptial agreement consultation before your Las Vegas wedding.