Nevada Prenuptial Agreement Form

To protect your financial interests in a marriage (and even after it), you should sign specific papers with your future spouse. The Nevada Prenuptial Agreement Form is among such papers, being an efficient legal instrument that helps couples in Nevada and the other US States.

This prenuptial agreement form is signed so that spouses-to-be could have comprehensive details of their finances, assets, financial commitments, obligations, how to split their property, and so on. Prenuptial agreements (or prenups) have become extremely helpful in case of a divorce or if either spouse passes away. Partners can also define how to run their daily financial operations in the form.

Previously, the importance of prenuptial agreements was in question. Partners have argued on the topic for years, and the prenup signing initiators have been considered greedy. Nowadays, society is much more accomodating, and such agreements do not attract shame anymore. Many couples believe that such documents are not a cause to fight but a rational instrument to ensure financial security.

While the agreement can refer to one’s money, obligations, business, or tangible property items, it can never include provisions that affect your kids. If you apply for a divorce or someone of the partners dies, the court will determine the norms for your children’s further life (until they become adults by law).

Nevada Prenup Laws and Requirements

There is no unified law dedicated to prenups in the United States. To compile your agreement correctly, you should be aware of applicable state laws and find the right Nevada Prenuptial Agreement template. Use our form-building software to generate the template yourself. Continue reading to understand how to create the agreement in Nevada’s legal framework.

Like almost 30 other American states, Nevada has caught up with the trend and approved the uniform act that governs prenuptial agreements. This set of laws was issued in 1983, and today, it outlines how to sign the agreement properly, when it becomes unenforceable, and other applicable information. The norms set out in Chapter 123A (Sections 123A.010–123A.100) of the Nevada Revised Statutes regulate all prenuptial matters.

Signing Requirements

Partners who sign a prenup in Nevada don’t have to get a public notary agent’s acknowledgment or witnesses to the document. Both parties’ consent expressed by signatures is sufficient, as set in Section 123A.040 of the Nevada Revised Statutes.

Enforceability

As Section 123A.040 states, the agreement, if signed by partners, is enforceable without the court’s consideration or registration. The document has to be agreed upon in writing. It is valid not since the moment of signing but the marriage commencement (under Section 123A.060).

If you decide to annul or amend your agreement, Section 123A.070 lets you and your spouse create an additional written agreement that declares your desire. Both partners should sign the paper to demonstrate their mutual consent.

Several exceptions might make the agreement unenforceable in Nevada. They are enumerated in Sections 123A.080 and 123A.090.

According to Section 123A.080, the exceptions are:

  • If the parties were forced to sign the agreement (non-voluntary signing)
  • If the agreement is unconscionable (the court will decide if it is unconscionable or not)
  • If one party deliberately failed to disclose their estate and obligations honestly before the agreement approving.

If the document contains unfair restrictions to spouses’ support, the court may consider it invalid, and the signatories may be asked to make amendments to the agreement. Section 123A.090 states that if the marriage is recognized as void, the agreement validity should be limited.

Court Refusal

Your agreement should not breach local and federal laws. Another way to get court refusal is by making your agreement unenforceable by actions included in Section 123A.080.

What Prenups Can Cover

We have already explained that you can only set conditions regarding money, ownership of properties, and obligations in the agreement. There is no way to add anything regarding children and their future if a couple divorces. Section 123A.050 of the Nevada Revised Statutes proves that.

Among the allowed contents, as written in section, are:

  • Details on parties’ rights to action regarding properties and debts (paying, transferring, selling, exchanging, purchasing, and so on).
  • Rights and commitments related to parties’ estate, whether it is mutual or personal.
  • Instructions on property division in case of death or official breakup.
  • Financial support of the husband or wife after split-up or one’s demise.
  • Other relevant conditions.

Additionally, signatories may choose what law will govern their document if they need the court’s consideration.

Published: Feb 25, 2021