Skip to content

Prenuptial Agreements: A Comprehensive Guide for All Couples

Learn everything you need to know about prenuptial agreements, how they protect your assets, and why they're valuable for couples with children, young couples, blended families, and those with significant assets.

Introduction

A prenuptial agreement (commonly called a 'prenup') is a legal contract created by two people before they marry that typically outlines how assets and debts will be divided in the event of divorce or death. While often associated with wealthy individuals protecting their fortunes, prenups serve many practical purposes for couples across various life situations. This document can help clarify financial rights and responsibilities, protect family businesses, shield one spouse from the other's debts, and establish clear guidelines for property division. Whether you're entering marriage with children from previous relationships, significant assets, or simply want clarity about your financial future together, understanding prenuptial agreements is an important step in building a secure foundation for your marriage.

0/5000

Key Things to Know

  1. 1

    Prenuptial agreements must be executed well before the wedding (at least 30 days is recommended) to avoid claims of coercion or duress.

  2. 2

    Both parties must provide complete and honest financial disclosure for the agreement to be valid.

  3. 3

    Each person should have their own independent legal counsel review the agreement before signing.

  4. 4

    Prenups cannot determine child custody or child support amounts, as these must be decided based on the best interests of the child at the time of divorce.

  5. 5

    The agreement should be reviewed and potentially updated after major life events such as the birth of children, significant inheritance, or substantial changes in financial circumstances.

  6. 6

    State laws vary regarding prenuptial agreements, so it's essential to work with an attorney familiar with the laws in your jurisdiction.

  7. 7

    A well-crafted prenup promotes financial transparency and communication, which can strengthen your relationship rather than undermine it.

  8. 8

    For blended families, a prenuptial agreement should work in conjunction with your estate plan to ensure children from previous relationships are protected.

Key decisions before you file

Before you file a Prenuptial Agreement in Nevada, a few decisions shape the document: which option to choose and what each one means. The Prenuptial Agreement guide walks through them.

Open the Prenuptial Agreement guide

Customize your Prenuptial Agreement Template with DocDraft

Nevada Requirements for Prenuptial Agreement

  • Uniform Premarital Agreement Act Compliance (NRS 123A.010 to 123A.100)

    The agreement must comply with Nevada's adoption of the Uniform Premarital Agreement Act (UPAA), which governs the creation, content, and enforcement of prenuptial agreements in the state.

  • Voluntary Execution (NRS 123A.080(1)(a))

    Both parties must enter into the agreement voluntarily, without duress, fraud, or undue influence. Courts may invalidate agreements where one party was coerced or pressured into signing.

  • Full and Fair Disclosure (NRS 123A.080(1)(b))

    Each party must provide full and fair disclosure of their financial assets, debts, and obligations before the agreement is signed. Failure to disclose material information may render the agreement unenforceable.

  • Independent Legal Representation (NRS 123A.080)

    While not strictly required by Nevada law, each party should have the opportunity to consult with independent legal counsel before signing the agreement to ensure its enforceability.

  • Reasonable Time for Review (NRS 123A.080)

    The agreement should be presented with reasonable time before the marriage for proper review. Presenting an agreement immediately before the wedding may be grounds for finding the agreement was not voluntary.

  • Community Property Provisions (NRS 123.220)

    The agreement must address Nevada's community property laws, which presume that all property and income acquired during marriage belongs equally to both spouses unless specified otherwise in a valid prenuptial agreement.

  • Separate Property Designation (NRS 123.130)

    Clear identification of what property will remain separate property of each spouse, including property owned before marriage and any specific assets acquired during marriage that will not be subject to community property laws.

  • Alimony/Spousal Support Provisions (NRS 123A.050(1)(d))

    Terms regarding the modification or elimination of spousal support must be clearly stated, though courts may still review these provisions for conscionability at the time of enforcement.

  • Child Support Limitations (NRS 123A.050(2))

    Provisions attempting to waive or restrict child support obligations are unenforceable as they conflict with public policy and the court's authority to determine the best interests of children.

  • Child Custody Limitations (NRS 125C.0035)

    Similar to child support, provisions attempting to predetermine child custody arrangements are generally unenforceable as courts retain jurisdiction to determine custody based on the best interests of the child at the time of divorce.

  • Unconscionability Provisions (NRS 123A.080(1)(c))

    The agreement must not be unconscionable when executed or when enforcement is sought. Courts may refuse to enforce provisions that have become extremely unfair due to changed circumstances.

  • Estate Planning Coordination (NRS 123A.050(1)(c))

    The prenuptial agreement should address how it coordinates with estate planning documents and specify rights upon death, including waiver of elective share rights under Nevada law.

  • Debt Allocation (NRS 123.050)

    Clear provisions regarding responsibility for debts brought into the marriage and those incurred during marriage, including protection from liability for the other spouse's separate debts.

  • Sunset or Durational Provisions (NRS 123A.050)

    Any clauses that specify the agreement expires or changes after a certain period of marriage or upon specific events must be clearly defined and comply with Nevada contract law principles.

  • Choice of Law Provisions (NRS 123A.030)

    If the parties wish to have the laws of a state other than Nevada govern their agreement, this must be explicitly stated, though Nevada courts may still apply Nevada law to certain aspects if public policy requires it.

  • Federal Tax Considerations (26 U.S.C. § 1041)

    The agreement should address federal tax implications of property transfers, including potential gift tax consequences and basis adjustments for property transferred between spouses.

  • ERISA Compliance (29 U.S.C. § 1055)

    Provisions affecting retirement benefits governed by the Employee Retirement Income Security Act must comply with federal requirements, including proper waiver of spousal rights to qualified retirement plans.

  • Social Security Benefits (42 U.S.C. § 407)

    The agreement should acknowledge that certain federal benefits, such as Social Security benefits, cannot be waived or altered by a prenuptial agreement as they are governed exclusively by federal law.

  • Amendment and Revocation Procedures (NRS 123A.070)

    Clear procedures for how the agreement may be modified or revoked after marriage, requiring written agreement signed by both parties in accordance with Nevada law.

  • Severability Clause (NRS 123A.060)

    A provision stating that if any portion of the agreement is found to be invalid or unenforceable, the remainder of the agreement will continue to be valid and enforceable to the extent permitted by law.

Frequently Asked Questions