What law governs prenups in Nevada?

Nevada follows the Uniform Premarital Agreement Act, found in NRS Chapter 123A. It applies to agreements made by people planning to marry, and it becomes effective on marriage (NRS 123A.060).

This matters because Nevada is a community property state. Without an agreement, property acquired by either spouse during the marriage is generally community property (NRS 123.220).

What can a Nevada prenup cover?

Under NRS 123A.050, you and your future spouse can agree on:

• Each person's rights in property, wherever it's acquired or located
• Buying, selling, using, managing and transferring property
• What happens to property at separation, divorce, death or another event
• Changing or eliminating spousal support
• Making wills, trusts or other arrangements to carry out the agreement
• Ownership of life insurance death benefits
• Which state's law governs the agreement
• Other personal matters, as long as they don't violate public policy or criminal law

In practice, that can include keeping a business separate, protecting a home you owned before marriage, splitting responsibility for student loans, or setting how retirement savings will be treated.

What can't a Nevada prenup cover?

Child support. The statute says a child's right to support may not be adversely affected by a premarital agreement (NRS 123A.050).

Terms that break the law or public policy. You can't agree to something illegal.

A support waiver that leaves a spouse on public assistance. If eliminating support would make a spouse eligible for public assistance at separation or divorce, a court may require support to the extent needed to avoid that, notwithstanding the agreement (NRS 123A.080).

Custody and parenting time are decided based on the child's best interests at the time, so a prenup generally isn't the place to settle them.

What are the signing requirements?

The agreement must be in writing and signed by both parties. It's enforceable without consideration, meaning no money has to change hands to make it binding (NRS 123A.040).

After the wedding, it can be amended or revoked only by a written agreement signed by both spouses (NRS 123A.070).

When can a Nevada prenup be thrown out?

Under NRS 123A.080, the spouse challenging the agreement must prove one of these:

• They didn't sign it voluntarily, or
• It was unconscionable when signed, or
• Before signing, they didn't get fair and reasonable disclosure of the other person's property and finances, didn't waive that disclosure in writing, and didn't otherwise have adequate knowledge of those finances.

Whether an agreement is unconscionable is decided by the judge as a matter of law.

How do we make it more likely to hold up?

Start early. Signing well before the wedding helps show it was voluntary.

Disclose fully. Exchange written summaries of assets, debts and income, and attach them.

Encourage separate counsel. Each of you having your own lawyer review it strengthens the agreement.

Keep it reasonable. Terms that seem fair today are easier to defend years from now.

What if one of us lives in another state?

Many Las Vegas couples include someone from California, Utah or Washington. Your prenup can choose which state's law governs (NRS 123A.050).