Nevada Statute | Act | Code |Title 11 - Domestic Relations| US Code - US Statute | Chapter 123a

This chapter may be cited as the
Uniform Premarital Agreement Act.

      (Added to NRS by 1989, 1003)
This chapter shall be
applied and construed to effectuate its general purpose to make uniform
the law with respect to the subject of this chapter among states enacting.

      (Added to NRS by 1989, 1003)
As used in this chapter, unless the
context otherwise requires:

      1. “Premarital agreement” means an agreement between prospective
spouses made in contemplation of marriage and to be effective upon
marriage.

      2. “Property” means an interest, present or future, legal or
equitable, vested or contingent, in real or personal property, including
income and earnings.

      (Added to NRS by 1989, 1003)
A premarital agreement must be in
writing and signed by both parties. It is enforceable without
consideration.

      (Added to NRS by 1989, 1003)

      1. Parties to a premarital agreement may contract with respect to:

      (a) The rights and obligations of each of the parties in any of the
property of either or both of them whenever and wherever acquired or
located;

      (b) The right to buy, sell, use, transfer, exchange, abandon,
lease, consume, expend, assign, create a security interest in, mortgage,
encumber, dispose of, or otherwise manage and control property;

      (c) The disposition of property upon separation, marital
dissolution, death, or the occurrence or nonoccurrence of any other event;

      (d) The modification or elimination of alimony or support or
maintenance of a spouse;

      (e) The making of a will, trust or other arrangement to carry out
the provisions of the agreement;

      (f) The ownership rights in and disposition of the death benefit
from a life insurance policy;

      (g) The choice of law governing the construction of the agreement;
and

      (h) Any other matter, including their personal rights and
obligations, not in violation of public policy or a statute imposing a
criminal penalty.

      2. The right of a child to support may not be adversely affected
by a premarital agreement.

      (Added to NRS by 1989, 1003)
A premarital agreement becomes
effective upon marriage.

      (Added to NRS by 1989, 1004)
After marriage, a
premarital agreement may be amended or revoked only by a written
agreement signed by the parties. The amended agreement or the revocation
is enforceable without consideration.

      (Added to NRS by 1989, 1004)

      1. A premarital agreement is not enforceable if the party against
whom enforcement is sought proves that:

      (a) That party did not execute the agreement voluntarily;

      (b) The agreement was unconscionable when it was executed; or

      (c) Before execution of the agreement, that party:

             (1) Was not provided a fair and reasonable disclosure of the
property or financial obligations of the other party;

             (2) Did not voluntarily and expressly waive, in writing, any
right to disclosure of the property or financial obligations of the other
party beyond the disclosure provided; and

             (3) Did not have, or reasonably could not have had, an
adequate knowledge of the property or financial obligations of the other
party.

      2. If a provision of a premarital agreement modifies or eliminates
alimony or support or maintenance of a spouse, and that modification or
elimination causes one party to the agreement to be eligible for support
under a program of public assistance at the time of separation or marital
dissolution, a court, notwithstanding the terms of the agreement, may
require the other party to provide support to the extent necessary to
avoid that eligibility.

      3. An issue of unconscionability of a premarital agreement shall
be decided by the court as a matter of law.

      (Added to NRS by 1989, 1004)
If a marriage is
determined to be void, an agreement that would otherwise have been a
premarital agreement is enforceable only to the extent necessary to avoid
an inequitable result.

      (Added to NRS by 1989, 1004)
Any statute of limitations
applicable to an action asserting a claim for relief under a premarital
agreement is tolled during the marriage of the parties to the agreement.
However, equitable defenses limiting the time for enforcement, including
laches and estoppel, are available to either party.

      (Added to NRS by 1989, 1004)

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