Prenuptial Agreement - Nevada

NEVADA PREMARITAL AGREEMENT

Important Use Gate

This document is for two prospective spouses who have not yet married each other. It becomes effective only upon marriage. Do not use it as a postmarital agreement, divorce settlement, estate plan, beneficiary designation, deed, retirement-plan order, creditor release, or substitute for a court order.

Each Party should have separate counsel. Attach complete valued financial schedules and allow enough review time for informed advice, questions, negotiation, revision, and signing without pressure. NRS Chapter 123A does not state the legacy template's fixed seven-day review rule, and this form does not invent one.

1. Parties and Signing Profile

This Premarital Agreement ("Agreement") is signed on [__/__/____] by:

The Parties contemplate marriage to each other on or about [__/__/____]. They make this written Agreement in contemplation of that marriage under NRS Chapter 123A.

2. Statutory Framework

NRS 123A.030 defines a premarital agreement as one between prospective spouses made in contemplation of marriage and to be effective upon marriage. NRS 123A.040 requires a writing signed by both Parties and makes consideration unnecessary. NRS 123A.060 makes the Agreement effective upon marriage.

NRS 123A.050 permits agreements about property rights and management, property disposition, spousal support, estate arrangements, life-insurance death benefits, choice of law, and other lawful matters. It does not permit adverse effect on a child's support right.

3. Definitions

Disclosed Property means property, income, expected benefits, business interests, and other rights identified with good-faith current values in Exhibits A and B.

Disclosed Debt means each fixed, contingent, disputed, guaranteed, secured, or other financial obligation identified in Exhibits A and B.

Marriage means the Parties' legally recognized marriage to each other.

Property has the scope stated in NRS 123A.030, including present or future, legal or equitable, vested or contingent interests in real or personal property, income, and earnings.

Separate Property Election means an express classification selected in this Agreement for dealings between the Parties, subject to third-party, title, tracing, transfer, and nonwaivable-law limits.

4. Disclosure and Knowledge

4.1 Exhibits

Party A's disclosure is Exhibit A. Party B's disclosure is Exhibit B. Each Exhibit should identify:

• cash, accounts, securities, digital assets, and tangible property;
• real property, title, debt, equity, and valuation date;
• businesses, ownership percentages, governing restrictions, and valuation method;
• employment, self-employment, investment, trust, and other income;
• retirement, pension, deferred-compensation, and benefit interests;
• trusts, estates, expectancies, options, claims, intellectual property, and contingent interests;
• taxes, support duties, judgments, guarantees, litigation, and all debts; and
• material valuation limits, missing records, and disputed items.

4.2 Verification

Each Party states that the Party has reviewed the other Party's Exhibit, asked desired questions, received the documents listed there, and disclosed any material item learned to be omitted or materially misstated before signing.

4.3 No Boilerplate Waiver

This form does not prefill a waiver of further disclosure. If either Party proposes a written waiver beyond the disclosure provided, separate Nevada counsel must draft it after identifying the information provided, information not provided, requested records, actual knowledge, reasonably available knowledge, and consequences under NRS 123A.080(1)(c).

5. Property Elections

5.1 Existing Property

Except as expressly reclassified in Exhibit C, each Party intends the property identified in that Party's disclosure to remain that Party's property as between the Parties, together with the following expressly selected categories:

5.2 Earnings During Marriage

The Parties select the following treatment of earnings and income acquired during Marriage: [________________________________]. Identify accounts, commingling rules, tracing, household transfers, tax payments, retirement contributions, and any earned-interest formula.

5.3 Jointly Titled Property

Property intentionally acquired or retitled in both names shall be governed by the title instrument and any signed contemporaneous writing identified here: [________________________________]. This Agreement does not silently determine the effect of every later title change.

5.4 Residence

For any residence used by the Parties, complete Exhibit D addressing title, purchase contributions, mortgage, taxes, insurance, improvements, occupancy, sale, buyout, reimbursement, and death or separation. No residence right is created by leaving Exhibit D blank.

5.5 Gifts

A claimed gift between the Parties must be proved by a signed writing identifying the property and donative intent, except for ordinary personal gifts valued below $[________]. Title, transfer, tax, and third-party requirements remain applicable.

6. Debts and Expenses

6.1 Existing Debts

As between the Parties, each Party is responsible for that Party's Disclosed Debts unless Exhibit E states a different allocation. This allocation does not bind a creditor that has not agreed to it.

6.2 Later Debts

The Parties select the following internal allocation for debts incurred during Marriage: [________________________________]. Address joint signatures, household expenses, taxes, medical expenses, business obligations, guarantees, and unauthorized use of the other Party's credit.

6.3 Household Plan

The Parties' present household contribution plan is [________________________________]. It may be changed by a signed writing without reclassifying property unless the writing expressly states a classification change.

7. Spousal Support Election

Select and complete one option after separate legal advice:

• ☐ Reserved. Neither Party waives or fixes alimony, support, or maintenance.
• ☐ Modified. The Parties select this amount, duration, formula, or condition: [________________________________].
• ☐ Eliminated. Each Party proposes to eliminate alimony, support, and maintenance, subject to NRS 123A.080 and other controlling law.

NRS 123A.080(2) permits a court to require support to the extent necessary to avoid public-assistance eligibility when a modification or elimination causes that eligibility at separation or dissolution. Do not replace that statutory measure with a preset cap, duration, or invented minimum.

8. Death, Estate, Insurance, and Retirement Gate

NRS 123A.050 permits specified estate arrangements and life-insurance death-benefit terms, but this Agreement does not automatically waive every surviving-spouse, beneficiary, retirement, probate, trust, homestead, allowance, or tax right.

Any waiver or affirmative estate commitment must be drafted in Exhibit F after counsel verifies the controlling current statute, plan document, federal rule, consent form, beneficiary designation, execution formality, and tax effect.

9. Business and Professional Interests

For each business or professional interest, Exhibit G must address ownership, voting, management, compensation, distributions, retained earnings, goodwill, appreciation, capital contributions, guarantees, transfers, buy-sell restrictions, valuation, records, and the effect of labor or funds contributed during Marriage.

This Agreement does not bind an entity, co-owner, lender, investor, plan, trust, or other third party that has not agreed to the relevant term.

10. Taxes

The Parties shall obtain transaction-specific tax advice. Their present filing and allocation plan is [________________________________]. Address estimated payments, refunds, deficiencies, audits, carryovers, elections, basis, property transfers, business returns, foreign assets, and document access.

No provision requires a joint return, guarantees a tax result, or authorizes one Party to sign for the other without separate authority.

11. Children and Public Policy

Nothing in this Agreement adversely affects a child's right to support. Parenting, custody, visitation, and child-support questions remain for determination under controlling law and any required court review at the relevant time.

No personal-right term is intended to violate public policy or a statute imposing a criminal penalty. Counsel shall remove or revise any term that would do so.

12. Voluntary Execution Process

Each Party should complete the following before signing:

• ☐ received the complete final Agreement and all Exhibits;
• ☐ received the other Party's valued financial disclosure and listed records;
• ☐ had enough time for meaningful review and negotiation;
• ☐ had access to separate counsel chosen by that Party;
• ☐ understood the rights affected and alternatives to signing;
• ☐ signed without threat, coercion, undisclosed deadline, or improper pressure;
• ☐ identified all unresolved questions and requested changes; and
• ☐ confirmed that no material side promise is being relied upon.

The statutory enforcement issues include voluntariness, unconscionability when executed, and the disclosure/waiver/knowledge conditions stated in NRS 123A.080. A checklist does not predetermine a court's decision.

13. Marriage, Void Marriage, and Timing

13.1 Effectiveness

This Agreement becomes effective upon the Parties' Marriage. If they do not marry each other, it does not become effective as a premarital agreement.

13.2 Void Marriage

If the Marriage is determined to be void, NRS 123A.090 limits enforcement to what is necessary to avoid an inequitable result. This Agreement does not predetermine that result.

13.3 Limitations

NRS 123A.100 tolls an otherwise applicable statute of limitations on a claim for relief under a premarital agreement during the Marriage, while preserving equitable time-limiting defenses including laches and estoppel.

14. Amendment and Revocation

Before Marriage, any replacement must be a writing signed by both Parties. After Marriage, NRS 123A.070 permits amendment or revocation only by a written agreement signed by both Parties and makes consideration unnecessary.

Attach each signed amendment or revocation to every retained original and provide copies to both Parties and their counsel.

15. Enforcement and Disputes

15.1 Court Authority

The court decides unconscionability as a matter of law under NRS 123A.080(3). This Agreement does not guarantee enforcement, severability, reformation, specific performance, an injunction, attorney fees, a jury or nonjury forum, a bond waiver, or any predetermined remedy.

15.2 Governing Law

The Parties select Nevada law to govern construction of this Agreement, subject to controlling choice-of-law and nonwaivable rules determined for the actual dispute.

15.3 Forum

Any proceeding shall be brought in a court that has subject-matter jurisdiction, personal jurisdiction, and proper venue. This blank form does not select a particular court or county.

15.4 Fees

Each Party bears that Party's own attorney fees and costs unless a controlling statute, rule, order, or later signed agreement provides otherwise.

16. General Terms

16.1 Entire Agreement

This Agreement and its signed Exhibits contain the Parties' agreement on the subjects addressed. No oral statement changes it.

16.2 Further Documents

The Parties shall sign lawful documents reasonably necessary to carry out an express obligation, but no deed, beneficiary form, plan consent, tax election, creditor agreement, or estate instrument is effective until completed with its own required formalities.

16.3 No Assignment

Neither Party may assign personal rights or duties under this Agreement. This clause does not determine succession, estate administration, or third-party rights.

16.4 Severability

If a provision is unenforceable, a court shall determine the effect on remaining provisions under controlling law. This Agreement does not instruct the court to rewrite a material bargain.

16.5 Originals and Copies

Sign [NUMBER] complete originals with all Exhibits. Each Party receives one complete signed set. Counsel shall determine whether notarization, witnesses, wet signatures, electronic signatures, or recordation are appropriate for any separate instrument; NRS 123A.040 itself states the signed-writing formalities for this Agreement.

17. Signatures

Each Party states that the Party has read the complete Agreement and Exhibits, received the disclosures identified above, had the opportunity for separate advice, and signs voluntarily before the contemplated Marriage.

Exhibit A — Party A Financial Disclosure

Party A signature: [________________________________] Date: [__/__/____]

Party B receipt acknowledgment: [________________________________] Date: [__/__/____]

Exhibit B — Party B Financial Disclosure

Party B signature: [________________________________] Date: [__/__/____]

Party A receipt acknowledgment: [________________________________] Date: [__/__/____]

Exhibit C — Reclassification and Property Elections

[________________________________]

Exhibit D — Residence Terms

[________________________________]

Exhibit E — Debt Allocation

[________________________________]

Exhibit F — Estate, Insurance, and Benefit Terms

[________________________________]

Exhibit G — Business and Professional Interests

[________________________________]

Sources and References

• Nevada Legislature — NRS Chapter 123A, Premarital Agreements (Uniform Act)

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