Nevada Prenuptial Agreement

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Buettner v. Buettner, 89 Nev. 39, 505 P.2d 600 (1973)

‍Foundational pre-UPAA common-law case establishing that prenuptial agreements are enforceable in Nevada unless "unconscionable, obtained through fraud, misrepresentation, material non-disclosure or duress" — language still cited as the common-law backstop to NRS 123A.080.

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Daniel v. Baker, 106 Nev. 412, 794 P.2d 345 (1990)

‍The Nevada Supreme Court summarily affirmed invalidation of an agreement in which the wife waived all community property and alimony rights for $5,000, where the husband accumulated millions over a 15-year marriage while the wife accumulated almost nothing — implicit unconscionability finding.

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Sogg v. Nevada State Bank, 108 Nev. 308, 832 P.2d 781 (1992)

‍The Court invalidated a prenup involving a husband worth ~$20 million where the wife had only a brief, husband-interrupted meeting with husband-selected counsel and was pressured to sign on the rescheduled wedding day, establishing the four-factor test (independent counsel, no coercion, business acumen, awareness of finances/rights forfeited) and a strict full-disclosure-with-values rule.

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Fick v. Fick, 109 Nev. 458, 851 P.2d 445 (1993)‍

The Court invalidated the alimony waiver because the husband's asset schedule wasn't attached until ~1 year after signing, holding that full disclosure must occur before execution even where the wife had counsel, was not coerced, and had business acumen — wife awarded $14,400 unpaid support, $3,000 rehabilitative alimony, and $3,000 attorney's fees.

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Dimick v. Dimick, 112 Nev. 402, 915 P.2d 254 (1996)

‍The Court held that a prenup capping post-divorce alimony at $200/month per month of marriage did not bar an award of pendente lite spousal support during the divorce because temporary support was outside the agreement's scope.

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Kantor v. Kantor, 116 Nev. 886, 8 P.3d 825 (2000)‍

The Court enforced a prenup in a multimillion-dollar divorce (husband's assets ~$22M, wife's ~$7M; husband's claimed disclosed income >$500K/year), holding that the challenger bears the burden and the trial court has no sua sponte duty to test substantive fairness once validity is admitted in the pleadings — and enforced the indemnity clause to award $19,580 in attorney's fees.

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1. Are prenuptial agreements enforceable in Nevada?

Yes. Nevada adopted the Uniform Premarital Agreement Act (UPAA) in 1989, codified at NRS Chapter 123A. A prenup must be in writing and signed by both parties (NRS 123A.040). It becomes effective upon marriage and requires no consideration. Nevada is one of the most enforcement-friendly states in the country because unconscionability is tested only at signing, not at divorce (NRS 123A.080(1)(b)), and the question is decided by the judge as a matter of law — not by a jury (NRS 123A.080(3)). This "single review" standard means changed circumstances between signing and divorce cannot be used to undo the agreement.

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2. How much does a prenup cost in Nevada?

Attorney-drafted prenups in Nevada typically cost $1,500–$5,000 per party for standard cases and $5,000–$15,000+ per party for high-asset or complex situations (multiple businesses, trusts, cross-border assets). Online templates with attorney review can run $500–$1,500 per party. Each party should retain separate counsel. For context, a contested divorce in Nevada averages $15,000–$30,000 and can exceed $50,000–$150,000 in high-asset disputes — making even an expensive prenup a fraction of the cost of litigating without one.

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3. Can a prenup override community property law in Nevada?

Yes — that is the primary purpose of a Nevada prenup. Nevada is one of nine community property states: without a prenup, all assets and debts acquired during marriage are presumed jointly owned 50/50 under NRS Chapter 123. A prenuptial agreement lets you opt out entirely. Under NRS 123A.050, you can designate earnings, business income, investment appreciation, and retirement contributions as separate property. You can also assign specific debts to one party. The prenup effectively replaces Nevada's default 50/50 split with whatever division the parties agree to.

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4. Can a prenup waive alimony in Nevada?

Yes. NRS 123A.050(1)(d) expressly permits modifying or eliminating spousal support. The only statutory limit: a court can override an alimony waiver to the extent necessary to keep a spouse off public assistance at the time of separation or divorce (NRS 123A.080(2)). That is a very low floor — the court cannot award more support than what is needed to avoid public-assistance eligibility. This makes Nevada one of the strongest states for enforceable alimony waivers. Note that alimony waivers cannot be included in postnuptial agreements in Nevada — a prenup is the only opportunity to waive spousal support.

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5. What is the difference between a prenup and a postnup in Nevada?

A prenuptial agreement is signed before marriage and governed by NRS Chapter 123A (the UPAA). A postnuptial agreement is signed after marriage and governed by NRS 123.070, which limits married spouses to contracts "as to property" and does not allow alteration of other legal relations except in connection with an immediate separation. The critical practical difference: a prenup can waive or cap alimony; a postnup cannot. The State Bar of Nevada, Shouse Law, and multiple practitioners confirm that alimony waivers in postnuptial agreements are unenforceable. If spousal support protection matters to you, the prenup is your only window.

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6. How long before the wedding should a prenup be signed in Nevada?

No statute sets a minimum, but courts treat last-minute signing as presumptively coercive. In Sogg v. Nevada State Bank (1992), the Nevada Supreme Court invalidated a prenup signed on the morning of a rescheduled wedding after the wife had only a brief, interrupted meeting with an attorney chosen by the husband. We recommend signing at least 60 days before the wedding, with each party having 2–3 weeks to review the final draft with independent counsel. Starting the process 4–6 months out gives enough time for drafting, disclosure, negotiation, and revisions without time pressure.

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7. Does a Nevada prenup need to be notarized?

No. NRS 123A.040 requires only a writing signed by both parties. Notarization is not a statutory requirement. However, notarization is strongly recommended because it deters challenges to signature authenticity and voluntariness, and creates an independent record of the date and circumstances of signing. Most Nevada family law attorneys treat notarization as standard practice. If both parties' attorneys are present at the signing ceremony, they can notarize and witness the signatures on the spot.

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8. Do both parties need a lawyer for a Nevada prenup?

Not legally required, but independent counsel is the single strongest enforceability factor under Nevada case law. The Sogg four-factor test asks whether the disadvantaged party (1) had ample opportunity to consult an independent attorney, (2) was not coerced, (3) possessed business acumen, and (4) understood the finances and rights being forfeited. Skipping independent counsel — especially where there is a wealth disparity — gives a challenger the most successful attack vector. The cost of a second attorney ($400–$1,500 for review) is trivial compared to the risk of invalidation.

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9. What financial disclosure is required for a Nevada prenup?

NRS 123A.080(1)(c) requires "fair and reasonable disclosure" of each party's property and financial obligations before signing, unless the other party waives disclosure in writing. Under Fick v. Fick (1993), the Nevada Supreme Court held that asset schedules with specific values must be attached before execution — disclosure provided after signing is insufficient, even if the challenging party later initialed the schedule. Disclosure should list all real property, bank and investment accounts, retirement accounts, business interests, debts, and income. Vague entries (Sogg's husband listed assets worth "more than ten thousand dollars" when he was worth $20 million) will not satisfy the requirement.

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10. How can a prenuptial agreement be challenged or invalidated in Nevada?

Under NRS 123A.080, the challenger must prove any one of three independent grounds: (1) involuntary execution, (2) unconscionability at the time of signing, OR (3) all three of — no fair and reasonable disclosure, no written waiver of disclosure, AND no adequate independent knowledge of the other party's finances. The court decides unconscionability as a matter of law (NRS 123A.080(3)). Nevada reviews only at signing, not at divorce, so post-signing changes in wealth or circumstances are irrelevant. The most successful challenge grounds in Nevada case law are last-minute signing pressure (Sogg) and failure to attach asset schedules before execution (Fick).

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11. Can a prenup protect my business in Nevada?

Yes, and for business owners in a community property state, it is arguably the most important function of a prenup. Without one, business income earned during marriage, appreciation in business value attributable to marital effort, and business assets purchased with marital funds are all presumptively community property — meaning your spouse has a 50% claim. A prenup can classify the business (and its future growth) as separate property, define how business income will be treated, and prevent a forced sale or buyout at divorce. Be specific: identify the business entity, its current valuation, and the agreed treatment of future appreciation and distributions.

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12. I'm getting married in Las Vegas but live in another state — do I need a Nevada prenup?

Not necessarily. Just because you marry in Las Vegas does not mean Nevada law governs your prenup. What matters is where you live (domicile), not where you marry. If you and your spouse live in California, draft your prenup under California law. NRS 123A.050(1)(g) allows a choice-of-law clause — use it to designate your home state's law. If you later move to Nevada, a well-drafted choice-of-law provision means the prenup is still interpreted under the law you selected. Clark County issues ~77,000 marriage licenses per year, many to visitors. A Nevada-law prenup for a couple domiciled elsewhere may not be enforceable in their home state's courts if that state's requirements differ.

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13. Can a Nevada prenup be modified or revoked after marriage?

Yes. NRS 123A.070 permits amendment or revocation only by a written agreement signed by both parties. Oral modifications are unenforceable. However, any post-marriage modification is treated as a postnuptial agreement, which means it is governed by NRS 123.070, not the UPAA. The practical consequence: you cannot add an alimony waiver through a post-marriage amendment, because postnuptial agreements in Nevada cannot alter spousal support obligations. If alimony terms matter, get them right in the original prenup.

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14. What can a prenup NOT cover in Nevada?

A Nevada prenup cannot adversely affect a child's right to support (NRS 123A.050(2)). Child custody provisions are likewise unenforceable because courts must determine custody based on the child's best interests at the time of divorce (NRS 125C.0035). The agreement cannot include terms that violate public policy or criminal statutes. And while a prenup can waive alimony entirely, it cannot waive it below a functional floor: if enforcement would leave one spouse eligible for public assistance, the court can override the waiver to the extent necessary to prevent that eligibility (NRS 123A.080(2)). Lifestyle clauses — infidelity penalties, weight requirements, social media restrictions — are generally unenforceable.