A prenuptial agreement — also called a premarital agreement or “prenup” — is a contract signed by two people before they marry that determines how their property, debts, and financial obligations will be handled during the marriage and if the marriage ends in divorce or death. Nevada law governs prenuptial agreements under NRS Chapter 123A, which closely follows the Uniform Premarital Agreement Act. Understanding what a prenuptial agreement can legally accomplish in Nevada — and what it cannot do — is essential for anyone considering this planning tool.
What a Nevada Prenuptial Agreement Can Do
Under NRS § 123A.050, a valid Nevada prenuptial agreement can address a broad range of financial matters. Parties may agree on the characterization of current and future property as separate or community; the management and control of property during the marriage; what happens to specific assets upon divorce, death, or separation; the rights and obligations of each party regarding property owned before or acquired during the marriage; the modification or elimination of spousal support (alimony); the disposition of property upon death (in coordination with a will or trust); and any other financial matter the parties choose to address, as long as it does not violate public policy or criminal law. A prenuptial agreement is particularly useful for protecting pre-marital assets, business interests, and inheritance rights for children from prior relationships.
What a Nevada Prenuptial Agreement Cannot Do
Nevada law explicitly prohibits prenuptial agreements from adversely affecting any child support obligation owed to children of either party. Under NRS § 123A.050(2), provisions purporting to waive or limit a child’s right to financial support are unenforceable — child support is the child’s right, not the parents’, and parents cannot contractually divest a child of that right. A prenuptial agreement also cannot require one party to commit fraud or any illegal act, cannot violate public policy principles (such as provisions designed to encourage divorce), and cannot address non-financial matters such as household duties, how often the parties will attend religious services, or personal conduct expectations. Courts will sever and disregard any unenforceable provisions while enforcing the remainder of the agreement.
Requirements for a Valid Nevada Prenuptial Agreement
For a prenuptial agreement to be enforceable in Nevada, NRS § 123A.040 requires that it be in writing and signed by both parties voluntarily. Nevada courts examine whether the agreement was entered voluntarily — meaning without duress, coercion, or undue pressure — and whether each party had a reasonable opportunity to consult with independent legal counsel before signing. Full financial disclosure is also essential: a party who was not provided a fair and reasonable disclosure of the other party’s property and financial obligations, and who did not waive that disclosure in writing, may be able to invalidate the agreement. Agreements signed days before the wedding under pressure, without adequate time for review or independent legal advice, are vulnerable to challenge.
Contesting a Prenuptial Agreement
A party seeking to set aside a Nevada prenuptial agreement in divorce proceedings bears the burden of proving that the agreement is unenforceable. Common grounds for challenge include: involuntary execution due to duress or coercion; inadequate financial disclosure at the time of signing; unconscionability (terms so one-sided and oppressive that enforcement would be fundamentally unfair); and fraud or misrepresentation. Courts evaluate these challenges in light of all circumstances at the time the agreement was made — not at the time of divorce.
Contact Hauser Family Law
Hauser Family Law drafts, reviews, and litigates prenuptial agreements for Las Vegas clients. Contact us for a confidential consultation about protecting your financial interests before and during marriage.