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A Nevada prenuptial agreement is a written contract that two people sign before they marry. It sets out who owns what, who owes what, and whether either spouse can claim alimony if the marriage ends. Nevada calls it a premarital agreement and governs it under Chapter 123A of the Nevada Revised Statutes.[1.3]
The agreement has to be in writing and signed by both parties, and it takes effect on the wedding day.[1.4] It can settle property, debt, spousal support, wills and trusts, and life insurance. It cannot reduce a child's right to support or carry a term that violates public policy.[1.5] Our free prenuptial agreement form builds the document for you.
You may also see this contract called a premarital agreement or just a prenup. Chapter 123A uses premarital agreement, and both names mean the same document.
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Nevada regulates prenuptial agreements under Chapter 123A of the Nevada Revised Statutes, which runs from Section 123A.010 through Section 123A.100. It is the state's enactment of a uniform act, and it may be cited as the Uniform Premarital Agreement Act.[1.1]
The chapter is applied and construed to effectuate its general purpose, which is to make uniform the law on this subject among the states that enacted it.[1.2] So a Nevada court can look to how other adopting states read the same words. Chapter 123A sits in the family law part of the Nevada Revised Statutes, next to the community property and divorce chapters, and prenuptial agreements signed in the state are read against it.
Section 123A.040 of the Nev. Rev. Stat. sets two formalities for a prenuptial agreement, and that is the whole list.
Nothing else is needed to give it legal force. The agreement is enforceable without consideration, so neither spouse has to give the other anything in exchange for a signature.[1.4]
The section does not call for a notary or for witnesses. Couples who want extra proof of who signed still add a notary acknowledgment, though Nevada law does not make it a condition of legal validity.
A prenuptial agreement becomes effective upon marriage.[1.6] Signing does not bind you on its own. If the wedding never happens, the agreement never starts. Couples who are already married use a postnuptial agreement instead.
After the wedding, you can amend or revoke the agreement only through a written agreement signed by both parties. That amendment or revocation is also enforceable without consideration.[1.7]
Chapter 123A runs on two defined terms, and both are wider than they look. One fixes when the document has to be made and when it starts working. The other fixes what the agreement can reach, and it stretches past houses and bank accounts to income the couple has not earned yet.[1.3]
Both halves matter in practice. A contract signed after the wedding is not a premarital agreement at all, and because property covers income and earnings, a prenup can reach a paycheck as easily as a house.
A prenup can settle almost any financial question a married couple faces, from who keeps the house or the business to whether either spouse pays alimony. Section 123A.050 of the Nev. Rev. Stat. lists the subjects the agreement may reach. The list closes with a catch-all for any other matter the couple wants to fix in advance.[1.5]
In practice the list covers a home, a business one of you already owns, retirement assets, and the debts on both sides. That last item is wide, and the two limits inside it are real. A term is out if it runs against public policy or against a statute that imposes a criminal penalty.[1.5]
Yes. Section 123A.050 of the Nev. Rev. Stat. lets a prenuptial agreement modify or eliminate alimony, also called spousal support or maintenance. A couple can agree in advance that neither spouse will pay the other after a divorce.[1.5] Nevada puts one limit on that promise, and it is a limit the parties cannot contract around.
If the waiver leaves one spouse eligible for public assistance at the time of separation or marital dissolution, the court may order the other spouse to provide support anyway.[1.8] That order reaches only as far as necessary to avoid the eligibility.
Two limits apply to every prenuptial agreement. The agreement cannot adversely affect a child's right to support, so a clause that waives or caps child support has no binding effect on a support order. It also cannot carry a term that violates public policy or a statute imposing a criminal penalty.[1.5]
The right of a child to support may not be adversely affected by a premarital agreement.
Custody and visitation sit outside the agreement too. A court decides them on the child's best interest at the time of the case, not on terms two adults agreed to years earlier.
A court will refuse to enforce a prenuptial agreement when the spouse resisting it proves one of the grounds in Section 123A.080 of the Nev. Rev. Stat. There are two routes, and they work independently. The first is that the party did not execute the agreement voluntarily. The second is unconscionability at the time of execution, paired with a failure of disclosure.[1.8]
The unconscionability route has three parts, and the spouse resisting the agreement has to prove all of them. That party:
Whether an agreement is unconscionable is decided by the court as a matter of law.[1.8] A void marriage changes the result again. If a court determines that the marriage was void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.[1.9]
Yes. A prenuptial agreement that is in writing and signed by both parties is enforceable in Nevada. It needs no court hearing, no filing, and no consideration passing between the spouses. It has legal effect from the day they marry, unless the spouse resisting it proves one of the defects in Section 123A.080.[1.4]
Timing works differently for prenuptial agreements than for an ordinary contract. Any statute of limitations on a claim under a prenuptial agreement is tolled during the marriage, so the clock does not run while the couple is still married. Laches and estoppel stay available to either party as equitable defenses.[1.10]
Nevada is a community property state. Assets and income acquired during the marriage belong equally to both spouses, with limited exceptions such as gifts and inheritances, so a divorce court starts from an even split of the community property.
A prenup is how a couple moves off that starting point. Section 123A.050 of the Nev. Rev. Stat. lets you set the disposition of property on separation, marital dissolution, or death, and lets you define which assets stay separate property and which become community property.[1.5] The agreement does not repeal community property law. It replaces the default rule for the two people who signed it, and only for the separate property and debts they described.
Yes. Nothing in Chapter 123A requires a lawyer to draft a prenuptial agreement. Section 123A.040 asks only that the document be in writing and signed by both parties.[1.4] What sinks a do-it-yourself prenup is rarely the drafting. It is the disclosure.
You do not need an attorney to sign a valid prenup. Couples who each take their own legal advice make a later challenge to voluntariness much harder to win.
Section 123A.080 hands a way out to a spouse who was kept in the dark. That test has three parts: no fair and reasonable disclosure of the other party's property and debts, no written waiver of that disclosure, and no adequate knowledge of it.[1.8] Exchange full financial statements, and keep a copy of what each of you handed over.
Building the agreement takes four steps, and three of them happen before anyone signs anything. Start early, so that neither of you is signing under pressure days before the wedding. A signature that was not voluntary is the first ground a court uses to set the agreement aside.[1.8]
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Nevada law. If you notice an error or outdated information, please contact us.
