PREMARITAL (PRENUPTIAL) AGREEMENT

(State of Nevada – Uniform Premarital Agreement Act, NRS ch. 123A)

[// GUIDANCE: This template is drafted for use by Nevada-licensed counsel. Customize all bracketed items, attach financial disclosures as Exhibits, and obtain independent legal review for each party before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Notary Acknowledgment

I. DOCUMENT HEADER

1. Title and Parties
This Premarital Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [FULL LEGAL NAME OF PROSPECTIVE SPOUSE #1], an individual residing at [ADDRESS] (“Party A”), and [FULL LEGAL NAME OF PROSPECTIVE SPOUSE #2], an individual residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).

2. Recitals
A. The Parties contemplate legal marriage in the State of Nevada on or about [MARRIAGE DATE] (“Marriage”).
B. The Parties desire to define their respective property rights, support obligations, and other matters incident to marriage pursuant to Nevada’s Uniform Premarital Agreement Act, Nev. Rev. Stat. ch. 123A (“UPAA”).
C. Each Party enters this Agreement voluntarily, after full and fair disclosure, and with the opportunity to seek independent legal counsel.

3. Consideration
Pursuant to NRS ch. 123A, mutual promises herein constitute sufficient consideration.

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings ascribed in context.

“Affiliate” – Any entity directly or indirectly controlling, controlled by, or under common control with a Party.
“Community Property” – Property classified as community property under NRS ch. 123 and applicable Nevada law.
“Debt” – All liabilities, contingent or fixed, incurred before or during the Marriage.
“Disclosure Statement” – The written statement of assets, liabilities, and income delivered by each Party and attached hereto as Exhibit A (Party A) and Exhibit B (Party B).
“Separate Property” – All property characterized or designated as separate under this Agreement or Nevada law.

[// GUIDANCE: Add additional defined terms (e.g., “Marital Residence,” “Retirement Assets”) as needed.]

III. OPERATIVE PROVISIONS

3.1 Classification of Property

a) Separate Property. All assets listed on the respective Disclosure Statements, together with their rents, issues, profits, traceable proceeds, and any property acquired in exchange therefor, shall be the Separate Property of the owning Party.
b) Community Property Waiver. Except as expressly provided, no asset acquired during the Marriage shall be deemed Community Property; any statutory presumption to the contrary is rebutted.
c) Jointly-Titled Assets. Assets intentionally titled in both names after the Marriage shall be presumed Community Property unless the titling instrument expressly states otherwise.

3.2 Management and Control

Each Party shall have sole management and control of that Party’s Separate Property, including the right to convey, encumber, or dispose of such property without joinder or consent of the other, subject to Section 7 (Indemnification).

3.3 Debts

a) Pre-Marriage Debts. Debts listed on the Disclosure Statements remain the sole responsibility of the incurring Party.
b) Post-Marriage Debts. Debts incurred in the name of one Party alone shall be that Party’s Separate Debt unless both Parties have executed the obligation.
c) Indemnity. See Section 7.

3.4 Spousal Support (Alimony)

a) Waiver. Each Party knowingly and voluntarily waives the right to receive temporary, rehabilitative, or permanent spousal support, except as provided below.
b) Unconscionability Savings Clause. If, at the time of enforcement, a complete waiver would render this provision unconscionable under NRS ch. 123A, a court of competent jurisdiction may award support limited to the lesser of (i) the statutory minimum necessary to avoid public assistance, or (ii) [CAP AMOUNT OR FORMULA] per month for [DURATION].

3.5 Estate Rights

a) Waiver of Elective Share. Each Party waives any statutory right to an elective or forced share of the other Party’s estate.
b) Life Insurance. Each Party may, but is not obligated to, maintain life insurance naming the other as beneficiary.
c) Will & Trust Coordination. The Parties shall execute estate planning instruments consistent with this Agreement within [X] days after Marriage.

3.6 Gifts Between Parties

Any inter-spousal transfer clearly designated as a gift shall be deemed Separate Property of the donee.

3.7 Conditions Precedent

This Agreement shall become effective only upon solemnization of the Marriage. If the Marriage does not occur on or before [OUTSIDE DATE], this Agreement shall be null and void.

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity and Voluntariness. Each Party represents that:
(i) the Party is of legal age and sound mind;
(ii) the Party enters this Agreement freely, voluntarily, and without duress;
(iii) the Party has had adequate time (minimum seven days) to review and consider this Agreement.

4.2 Full and Fair Disclosure. Each Party warrants that the accompanying Disclosure Statement is complete, accurate, and not misleading in any material respect.

4.3 Independent Counsel. Each Party acknowledges receipt of advice from, or a knowing written waiver of, independent legal counsel of the Party’s choice.

4.4 Reliance. Each Party enters this Agreement in reliance on the foregoing representations, which shall survive execution and Marriage.

V. COVENANTS & RESTRICTIONS

5.1 Ongoing Disclosure. Each Party shall timely disclose any material change (±10 %) in net worth or annual income occurring prior to Marriage.

5.2 Tax Filing Cooperation. The Parties shall cooperate in tax filings and provide reasonable information to enable accurate reporting.

5.3 Confidentiality. The terms of this Agreement and the Disclosure Statements shall remain strictly confidential except (i) as required by law or court order, (ii) to a Party’s legal or financial advisors under confidentiality obligations, or (iii) with written consent of the other Party.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
a) Material misrepresentation in the Disclosure Statement;
b) Failure to execute estate planning instruments per § 3.5(c);
c) Breach of confidentiality (§ 5.3).

6.2 Notice & Cure. Non-breaching Party shall deliver written notice specifying the default and allow a 30-day cure period.

6.3 Remedies.
a) Specific Performance. The Parties agree that monetary damages may be inadequate; the non-breaching Party may seek specific performance or injunctive relief.
b) Equitable Reformation. A court may reform a provision to preserve the Parties’ intent while maintaining enforceability.
c) Attorneys’ Fees. The prevailing Party in any enforcement action shall recover reasonable attorneys’ fees and costs.

VII. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any Losses arising out of (i) Separate Debts of the Indemnifying Party, and (ii) breaches of this Agreement.

7.2 Limitation of Liability

Except for willful misconduct or fraud, each Party’s aggregate liability under this Agreement shall not exceed [CAP AMOUNT OR FORMULA].

7.3 Insurance

Each Party shall maintain reasonable personal liability insurance coverage of not less than [AMOUNT] per occurrence.

7.4 Force Majeure

No Party shall be deemed in default for failure to perform caused by events beyond that Party’s reasonable control, provided the Party uses commercially reasonable efforts to mitigate.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Nevada without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive jurisdiction for any proceeding relating to this Agreement shall lie in the [NAME OF COUNTY] District Court, Family Division.

8.3 Arbitration (Limited). By mutual written agreement after a dispute arises, the Parties may submit property-related disputes (excluding child custody/support) to binding arbitration under the [ARBITRATION RULES] administered in Nevada. Any arbitral award may be confirmed in the designated court.

8.4 Jury Waiver. Family courts in Nevada are courts of equity and do not utilize juries; accordingly, no jury trial right attaches.

8.5 Injunctive Relief. A Party may seek temporary, preliminary, and/or permanent injunctive relief (including specific performance) without posting bond, to enforce §§ 3, 5, or 6.

IX. GENERAL PROVISIONS

9.1 Amendments. Any amendment or revocation must (i) be in writing, (ii) signed by both Parties, and (iii) comply with NRS ch. 123A.

9.2 Waiver. A waiver of any breach shall not operate as a waiver of any other or subsequent breach.

9.3 Assignment. Neither Party may assign this Agreement or any rights hereunder.

9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, provided the essential economic terms are preserved.

9.5 Integration. This Agreement, including Exhibits, comprises the entire agreement between the Parties concerning its subject matter and supersedes all prior understandings.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures and PDF copies shall be deemed originals for all purposes.

9.7 Successors & Assigns. This Agreement shall inure to the benefit of and bind the Parties, their heirs, executors, administrators, and permitted assigns.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

XI. NOTARY ACKNOWLEDGMENT

State of Nevada )
County of [______] ) ss.:

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A] and [PARTY B], known to me (or proved to me on the basis of satisfactory evidence) to be the individuals whose names are subscribed to within this instrument, and acknowledged that they executed the same for the purposes therein contained.

Witness my hand and official seal.

Notary Public in and for said State
My commission expires: ______

EXHIBITS

• Exhibit A – Party A Disclosure Statement
• Exhibit B – Party B Disclosure Statement

[// GUIDANCE: Attach detailed schedules of assets, liabilities, and income. Include valuations, account numbers (redacted where appropriate), and supporting documentation to satisfy UPAA disclosure requirements.]