Prenuptial & Postnuptial Agreements in Nevada
Prenuptial & Postnuptial Agreements in Nevada
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Clarity with Prenuptial and Postnuptial Agreements in Nevada
Drafting prenuptial and postnuptial agreements in Nevada is more than a legal precaution; it is a strategic exercise in financial transparency and long-term security. While these contracts allow you to move beyond the state’s default community property laws, their true value lies in establishing a bespoke financial framework that reflects your unique goals as a couple within the Nevada family law system.
At The Rosenblum Law Firm, we help you secure your future with sophisticated, customized contracts that protect your hard-earned assets. We achieve this by helping you outline or waive future spousal support provisions, a primary benefit of a prenuptial agreement that provides a level of financial certainty typically much harder to achieve through a postnuptial contract. It is important to understand that while you can contract for financial matters, Nevada law prohibits parents from pre-determining child custody or support arrangements in these agreements; those decisions are always reserved for the court based on the child’s best interests. Whether you are protecting an existing business or planning for the future, we invite you to visit us at any of our office locations to ensure your agreement is legally unassailable.
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What is a Prenuptial Agreement in Nevada?
Definition & Purpose
While it is tempting to download a cheap form online, this is risky. Nevada follows the Uniform Premarital Agreement Act (UPAA) (NRS 123A), which has strict procedural requirements. If your document misses a single statutory element, a judge may toss it out. You need a skilled prenup lawyer to ensure your agreement holds up in court.
The “Prenuptial Agreement Checklist”: What Can You Include?
A well-drafted prenup can cover a wide range of financial issues:6
- Separate Property: You can designate that assets you bring into the marriage (like real estate, inheritance, or investment accounts) remain yours forever, rather than becoming community property.
- Debt Protection: You can ensure that you are not liable for your spouse’s pre-existing student loans, credit card balances, or gambling debts.
- Alimony Waivers: In Nevada, you can waive or cap future spousal support (alimony).7 This is valid unless the waiver would leave a spouse eligible for public assistance (welfare).8
- Business Ownership: For entrepreneurs, a prenup is vital. It can ensure your business remains your separate property, preventing a divorce from forcing a liquidation or buyout.
Prenup Pros and Cons
- Pros: It forces honest financial conversations before the wedding, protects children from prior marriages, and saves thousands of dollars in legal fees by avoiding a contested divorce later.
- Cons: It can be an unromantic conversation to have. However, the temporary discomfort of the conversation is far less painful than the financial devastation of an unplanned separation.
What Is a Postnuptial Agreement in Nevada?
Definition & Context
A postnuptial agreement is a contract signed after the couple is already married.9 It covers many of the same topics as a prenup-assets and debts-but the legal landscape is strictly different.10
Crucial Distinction: In Nevada, once you say "I do," you and your spouse owe a fiduciary duty to one another.11 This means you have a legal obligation to act in each other’s best interest. Because of this, courts scrutinize postnups much more heavily than prenups. Complete and honest financial disclosure is absolutely non-negotiable. If you hide a single asset, the entire agreement can be voided.
IMPORTANT LIMITATION: Alimony Waivers
Unlike prenups, Postnuptial Agreements generally CANNOT waive future alimony in Nevada.12 Under NRS 123.080, spouses cannot alter their legal relations except as to property or unless they are agreeing to an immediate separation.
- The Risk: If you sign a postnup that tries to waive alimony while you are happily married, the court will likely declare that specific provision void (unenforceable).13
Postnuptial Agreement vs. Divorce
Many couples use postnups not to end a marriage, but to save it. For example, if one spouse has a gambling addiction or wants to start a risky business venture, a postnup can isolate that debt to that specific spouse. This protects the family’s nest egg and removes the financial stress that might otherwise lead to a divorce.
Understanding Requirements for a Valid Prenup & Postnup Agreement in Nevada
1. Voluntary Execution (No Duress)
The agreement must be entered into voluntarily. It cannot be signed under threat, coercion, or fraud.14
- Timing Matters: Do not present a prenup to your fiancé in the limo on the way to the chapel. If a spouse feels they had "no choice" but to sign because the wedding guests were already waiting, a judge may rule it was signed under duress. We recommend finalizing agreements weeks in advance.
2. Full and Fair Financial Disclosure
Both parties must provide a complete list of their assets and debts.15 You cannot protect what you do not disclose. Hiding assets is the fastest way to have a contract thrown out.
3. Independent Legal Counsel
To make an agreement "bulletproof," both sides should have their own attorney. One lawyer cannot represent both parties, as your interests are inherently in conflict during the drafting process. If one spouse is unrepresented, the court will look at the document with extreme skepticism.
4. Not Unconscionable
Under NRS 123A.080, an agreement is unenforceable if it was "unconscionable" (grossly unfair) when it was signed and there was a lack of disclosure.
Legal Boundaries of Prenuptial & Postnuptial Agreements in Nevada
Child Custody and Support
There is a hard rule in Nevada family law: Parents cannot contract away the rights of their children. You cannot determine child custody schedules or waive child support in a prenup.16 The court always retains the power to decide these issues based on the "Best Interests of the Child" at the time of the separation.17
Lifestyle Clauses
While popular in celebrity news, clauses demanding weight loss, frequency of intimacy, or specific in-law visitation schedules are generally unenforceable in Nevada courts. We focus on financial enforceability, not behavioral control.
Frequently Asked Questions (Prenup & Postnup)
How much Does a Prenup Lawyer Cost in Nevada?
The cost varies based on the complexity of your assets. However, the cost of a prenup is a fraction of the cost of a contested high asset divorce. Think of it as an investment in asset protection.
Can We Write Our Own Agreement and Get it Notarized?
A notary only proves that you signed the document; they do not prove that the document is legal. DIY prenups often fail because they use vague language or violate Nevada’s specific statutes.
Is a Postnuptial Agreement Valid in Nevada?
Yes, but strict compliance is required. Because of the fiduciary duty between spouses, the court ensures that one spouse did not take unfair advantage of the other.
Can a Prenup Protect Me from My Spouse’s Debt?
Yes. This is one of the primary benefits. You can designate that debt incurred by one spouse remains their separate obligation, protecting your credit score and assets.
What Happens if We Move to a Different State?
Nevada follows the Uniform Premarital Agreement Act (UPAA).18 This means that other states that follow the UPAA (which is many of them) will likely recognize a valid Nevada prenup. However, it is always smart to have a local attorney review it if you move.
Why You Need a Nevada Marital Agreement Attorney
Drafting for Enforcement
At The Rosenblum Allen Law Firm, we do not just fill in the blanks on a form. We draft custom agreements tailored to your specific asset portfolio. Because we also litigate divorces, we know exactly why agreements get thrown out of court. We use that litigation experience to draft stronger, more durable contracts for you.
Schedule a Consultation
Whether you are walking down the aisle or looking to secure your financial future after years of marriage, you need a plan that works. Contact us at The Rosenblum Allen Law Firm today at (702) 433-2889. We serve clients throughout Las Vegas and Henderson in Clark County from our office locations. Let us help you build a foundation of financial clarity.
THE ROSENBLUM ALLEN LAW FIRM
Tel: (702) 433-2889 | Email: [email protected]
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