Las Vegas Prenuptial Agreement Lawyers | Mills & Anderson (2023)

Trusted Las Vegas Prenuptial Agreement Lawyers and Marital Law Attorneys

Serving Las Vegas, North Las Vegas, Henderson, Overton, Moapa Valley, Mesquite, Laughlin and all of Clark County, Nevada

Las Vegas Prenuptial Agreement Lawyers | Mills & Anderson (1)Before you get married, consider the benefits of entering into a prenuptial agreement (often called the “premarital agreement” or “prenup contract” in Nevada). Although you can find prenup forms and sample contracts online, it is best to set down with an experienced premarital agreement attorney to discuss your goals.

The Las Vegas prenuptial agreement lawyers at Mills & Anderson are experienced in drafting an agreement for our clients before their marriage. We also help our clients understand the best way to comply with the requirement of making a full and fair disclosure of assets prior to the execution of the agreement.

Premarital agreements are particularly common when one or both of the spouses has previously been divorced, has a higher income or has accumulated substantial assets prior to the marriage. Individuals with children from a prior marriage are also concerned with protecting their separate property so that a portion of the estate is preserved for their children.

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A well-drafted prenuptial agreement goes hand in hand with estate planning that should take place before the marriage. We also represent many business owners who want a prenuptial agreement to reduce the problems associated with litigation in the event of a divorce that might disrupt the business or the other partners in the business.

In addition to drafting prenuptial agreements for our clients, our Las Vegas prenuptial agreement attorneys are experienced in handling a divorce that involves enforcing or contesting a prenuptial agreement. When entering into a prenuptial agreement, the fiancés share a confidential, fiduciary relationship with each other. Therefore, each person has a responsibility to act with good faith and fairness to the other.

Such a responsibility contemplates that each party will make full and fair disclosure prior to the execution of a premarital agreement in Nevada. If either party shirks this responsibility then the district court must declare the provisions of the premarital agreement unenforceable.

Call us to find out the best ways to present the prenuptial agreement to your fiancee. The law requires that each side has adequate time to review and sign the agreement. Although no specific time period is required, it is better to sign the agreement months before the wedding instead of in the weeks or days before the wedding. It is also important for the other side to seek out their own legal advice before signing the agreement.

Learn more about the things you should take into consideration when drafting the prenup. Let us put our experience to work for you. Call us to schedule a confidential consultation with our Las Vegas prenuptial agreement lawyers today.

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Enforcing Prenuptial Agreements in Nevada under NRS 123A.080

Under Nevada law, a premarital agreement entered into before October 1, 1989, is enforceable if the agreement conforms with either the requirements of NRS Chapter 123A, the Uniform Premarital Agreement Act (“UPAA”), or Nevada common law. See NRS 123A.080(3).

The definition section of NRS 123A.030 defines the term “premarital agreement” to mean “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” The parties can also enter into a post-nuptial or post-marital agreement, although different provisions of Nevada law apply to those types of agreements.

Pursuant to the Uniform Premarital Agreement Act (“UPAA”), a premarital agreement is enforceable without consideration if it is in writing and signed by both parties. See NRS 123A.040. The premarital agreement can provide for many things, including the elimination of alimony. NRS 123A.050. In other cases, the agreement will provide for a minimum or maximum amount of alimony to be paid in the event of a divorce with certain factors triggering the amount to be paid.

A prenuptial agreement will not be enforced by the court if it was “unconscionable” at execution, involuntarily signed, or the parties did not fully disclose their assets and obligations before the agreement’s execution. NRS 123A.080.

Common Law Requirements for Prenuptial Agreements in Nevada

Under the common law in Nevada, a prenuptial agreement is enforceable unless it is “unconscionable, obtained through fraud, misrepresentation, material non-disclosure or duress.” Buettner v. Buettner, 89 Nev. 39, 45, 505 P.2d 600, 604 (1973). The courts found that one overcomes the presumption of invalidity by showing that the disadvantaged party:

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  1. had ample opportunity to consult an attorney;
  2. was not coerced;
  3. possessed substantial business acumen; and
  4. understood the financial resources of the other party and the rights being forfeited under the agreement.

Common Provisions in a Premarital Agreement in Nevada

Under Nevada law, general provisions in a premarital agreement can include:

  • prohibiting or limiting alimony;
  • provisions disclosing the separate assets and obligations of each spouse;
  • provisions for dividing property earned during the marriage in the event of a divorce;
  • asset management during the marriage;
  • responsibility for debt incurred during the marriage;
  • provisions to protect a business owned by one spouse;
  • prohibiting an award of attorney fees to either party; and
  • specific indemnity provision entitled a prevailing party to recover costs, including attorney fees, from the party challenging the validity of the agreement.

Limitations on Premarital Agreements in Nevada

Under NRS 123A.080(2), the courts in Nevada will not enforce a provision of a premarital agreement that modifies or eliminates alimony or support or maintenance of a spouse, if that agreement would cause one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution. In those cases, notwithstanding the terms of the agreement, the judge may require the other party to provide support to the extent necessary to avoid eligibility for public assistance.

The court may also refuse to enforce the premarital agreement when the court finds that the prenuptial or premarital agreement is unconscionable as a matter of law.

Types of Family Law Cases

We also represent clients in a variety of issues including:

  • Child Support
  • Child Custody
  • Paternity
  • Modifications
  • Annulment
  • Guardianship
  • Prenuptial Agreement
  • Termination of Parental Rights
  • Fictitious Address Program
  • Adoption

Additional Resources

NRS 123A.080 for Marital Agreements in Nevada – Visit the website of the Nevada Legislature to read more about the statutory provisions of NRS 123A.080 which governs the enforcement of prenuptial agreements in Nevada. The statute, NRS 123A.080, provides that 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:

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(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.
Uniform Premarital Agreement Act (“UPAA”) – A study by the National Conference of Commissioners on Uniform State Laws found that in 2005, at least 26 states had agreed to honor the Uniform Premarital Agreement Act (known as “UPAA”). The UPAA encourages the enforcement of premarital agreements and permits married couples to select the specific state law under which their agreements will be interpreted.

Finding a Las Vegas Prenuptial Agreement Attorney

Contact the family law attorneys at Mills & Anderson if you would like to draft a premarital agreement or if your fiancé has presented you with such an agreement. We can help you understands the pros and cons to each side when signing a prenuptial or premarital agreement. We can make sure that the parties comply with all of the requirements so that the agreement will be enforced by the court in the event either party files for a divorce.

Our attorneys are experienced in representing high income and high net worth individuals in a divorce, let us talk with you about the pros and cons of signing a prenuptial or post-nuptial agreement, especially for high net worth individuals, or the owners of a business or closely-held corporation. The Las Vegas Prenuptial Agreement lawyersat Mills & Anderson can help you through this process. Let us put our experience to work for you. Call us today to discuss your case.

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How do I get a prenuptial agreement in Las Vegas? ›

You can get a prenup in Las Vegas by creating an agreement signed by both parties that covers subject matters allowed under Nevada law. A Nevada family law attorney can assist you in every step of the process of creating a prenuptial agreement.

What are five things that Cannot be included in a prenuptial agreement? ›

A prenuptial agreement does not cover the following:
  • Child custody or visitation matters.
  • Child support.
  • Alimony in the event of a divorce.
  • Day-to-day household matters.
  • Anything prohibited by the law.
Jan 9, 2023

What should you not agree to a prenup? ›

A prenup can't include personal preferences, such as who has what chores, where to spend the holidays, whose name to use, details about child rearing, or what relationship to have with certain relatives. Prenuptial agreements are designed to address financially based issues.

How do I get a prenuptial agreement in Nevada? ›

Prenuptial agreements must be in writing and signed by both spouses. Unlike a will, a prenup doesn't need to be witnessed or notarized in Nevada. These types of agreements typically resolve marital rights and responsibilities as well as property division in the event of death or divorce.

How much money is enough for a prenup? ›

A general rule of thumb is that “if you have a few hundred thousand dollars [in assets], you should at least consider a prenup,” says Holeman. “But in my experience working with clients, the big cause for actually needing a prenup isn't necessarily on the dollar amount.”

Can I write my own prenup in Nevada? ›

Yes, it is possible to write your own prenuptial agreement in Nevada. There is also no requirement to have an attorney present for the writing of your prenuptial agreement, although it is recommended. To have a prenuptial agreement notarized in Nevada, both parties must sign the agreement in front of a notary public.

Who benefits the most with prenup? ›

The following couples may benefit from a prenuptial agreement:
  • When one party has significantly more wealth than the other.
  • When one or both parties have children from a previous relationship.
  • When one or both parties have debts accrued before the marriage.
Apr 22, 2022

What should a woman ask for in a prenup? ›

You can cover things like your home, your business, or any future inheritance. Spousal support: A prenup can stipulate a certain amount of spousal support (alimony). This provision might be especially beneficial for women who sacrifice their careers or earning potential to support their spouse or raise children.

Does a prenup protect you from your spouse's debt? ›

A prenuptial agreement acts as a legal shield between you and your spouse's debts. In case of death or divorce, their debt may fall on your shoulders. A properly written prenuptial agreement can prevent that.

Is a trust better than a prenup? ›

Trusts are, in many ways, more secure than a prenup. When you create a trust, your personal premarital assets are now the property of the trust as a separate entity, rather than being owned by you.

Is a prenup a red flag? ›

However, if prenuptial agreements are drawn up under less than fair and transparent circumstances, the execution of these documents can serve as a red flag for individuals headed down the aisle.

Does cheating void a prenup? ›

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

How long before a wedding should a prenup be signed in Nevada? ›

3-You cannot include any provisions regarding child support or child custody. 4-Do not wait until the last minute. There is no specific time frame in Nevada, but Nevada generally follows California's 7 day rule. Have the prenuptial agreement executed at least 7 days before the wedding.

How hard is it to get a prenup? ›

In California, individuals can draft their prenups. However, without a legal background, it is easy for the prenuptial agreement to be invalidated. Therefore, it is wise to hire a lawyer to write a prenup as well as making sure you understand the state's Prenuptial Agreement Law and what your options are.

How do you give yourself a prenup? ›

Generally, most states require the following:
  1. In writing. The prenup must be in writing and not a verbal agreement.
  2. Both parties sign it. Both fiancés must sign the prenup. ...
  3. Notarization. ...
  4. Witnesses. ...
  5. Signed voluntarily. ...
  6. No unlawful terms. ...
  7. No unconscionable terms. ...
  8. No child custody or child support terms.
Jan 6, 2023

Do you split money with a prenup? ›

At its most basic, a prenup will generally specify splitting of assets, wealth and debt, but they can also include a number of lifestyle clauses.

Can you write your own prenup? ›

According to California's Uniform Premarital Agreement Act (UPAA), you can create your own prenup as long as it's in writing and you follow all the rules of a valid prenup.

Should I get a prenup if I have no money? ›

However, first and foremost, you should consider protecting yourself now and in the future with a prenuptial agreement. Signing a prenup with your soon-to-be spouse can make those involved a little uneasy. But there are agreements for everyone, and it could put everyone at ease, regardless of either person's income.

Is Nevada a 50 50 divorce state? ›

Nevada is a community property state. This means all marital assets are split 50/50 in a divorce. There are a few instances where property will not be divided equally.

Can you put whatever you want in a prenup? ›

Although prenuptial agreements may include provisions for property and debt division, spousal support, and even inheritance rights, there are some critical topics that you can't control in a prenup, and you'll need to address during the formal divorce process.

Can you file taxes together with a prenup? ›

Prenups and Filing Taxes

While you and your fiancé are drafting your prenup, you can discuss how you'd like to file your taxes and then put that into the agreement. While there are a lot of benefits to filing jointly, you are not required to. You and your partner can also agree to file separately.

At what point is a prenup worth it? ›

Prenuptial agreements often come into play when there's a disparity in wealth between the two parties. “A person marrying into money may have a significantly improved lifestyle, which, absent a prenuptial agreement, can create rights for spousal support and property division down the road,” says Lindsey.

Does prenup cover salary? ›

Assets including property, debts and income are usually covered in a typical prenuptial agreement to help couples avoid any financial surprises if the relationship were to break down in the future.

What is the most common prenup? ›

Common prenuptial agreement clauses include:
  • Defining separate property.
  • How to handle income earned during marriage.
  • How to handle debts and liabilities.
  • Spousal support in the event of divorce.
  • Education and career plans.
  • How to handle separate or joint businesses.
  • Social media guidelines.
  • Pet clause.
Mar 25, 2022

What is a fair prenup for a woman? ›

A fair prenup should respectfully safeguard and shield the assets of both parties. To achieve this, there must be a full and complete disclosure of all assets, debts, and liabilities when the contract is drafted. This includes all investments, real estate, and financial obligations.

What is the best prenup? ›

The best prenuptial agreement is all-inclusive and serves the best interests of both parties justly. Both partners should be open and honest regarding their expectations in the marriage and included in a prenup. These expectations can cover things like: Investment arrangements.

What happens when your spouse dies and you have a prenup? ›

Prenuptial Agreements Override State Property Laws

In a prenuptial agreement, spouses can decide who owns what and what property rights each spouse will have after the death of the other. The choices made—and agreed to—in a prenuptial agreement override the laws designed to protect a surviving spouse.

How do I protect myself financially from my spouse? ›

Protecting Your Money in a Divorce
  1. Hire an experienced divorce attorney. Ideally, this person will emphasize mediation or collaborative divorce over litigation. ...
  2. Open accounts in your name only. ...
  3. Sort out mortgage and rent payments. ...
  4. Be prepared to share retirement accounts.

How do I protect myself from my wife's debt? ›

There are ways to protect yourself from the debts of your spouse that are accrued during the marriage. The easiest way is to make sure your spouse signs a prenuptial agreement prior to marriage, but you should not try to do this on your own. Prenuptial (premarital) agreements are complex documents.

How can I protect my money without a prenup? ›

How to Protect Your Assets Without a Premarital Agreement
  1. Keep Funds Separate. In other words, if you have money in an individual account, keep it there as opposed co-mingling those funds in a joint account with your spouse. ...
  2. Keeping Property Separate. ...
  3. Using Trusts to Protect Assets.

Is a prenup good if you're rich? ›

But the idea that you have to be rich to get a prenuptial agreement is a total myth. In fact, a prenup is a good idea for anyone going into a marriage—with assets of any kind.

Does a prenup override a beneficiary? ›

Beneficiary designation supersedes prenuptial agreements, divorce proceedings, and avoid probate. You can force the contents of an IRA or a life insurance policy to go through probate by naming your estate as the account's direct beneficiary, but there is usually no practical reason for doing this.

What does a fair prenup look like? ›

A fair prenup should safeguard and protect both parties, but it should do so respectfully. This requires both parties to put all of their cards on the table and provide full and fair disclosure of their financial circumstances.

What happens if your wife signs a prenup? ›

A prenup is a legally binding contract that provides specific instructions on how matters should be handled or settled during divorce proceedings. A prenup outlines all assets, debts, finances, and property brought into the marriage by each person and clarifies how these will be divided if the couple separates.

What should a man ask for in a prenup? ›

They are basically anything with economic value. This might be a house, a business, a car, a bank account, a retirement fund, a diamond ring, an NFT, etc. (you get the idea). You can use a prenup to protect these assets that you own.

Should I be offended if my husband wants a prenup? ›

If your fiance(é) asks for a prenup, there's no need to get upset. Prenuptial agreements are becoming more common, especially with millennial couples. A prenup can serve as a plan for your future, and there are plenty of benefits to consider before shutting it down altogether.

What can break a prenup? ›

Prenuptial agreements can be invalidated for the following reasons:
  • Incomplete information. Look to see that your spouse disclosed all of their assets in the prenuptial agreement. ...
  • False information. Your spouse may have outright lied about information. ...
  • Invalid provisions. ...
  • Lopsided provisions.

Do prenup protect future assets? ›

Does a prenup protect future earnings in California? In short, the answer is yes, a prenup can protect both the assets you currently own and any future wages you may earn.

Is it too late to get a prenup after marriage? ›

s never too late. A common misconception by many couples is that nuptial agreements can only be made before the wedding (prenuptial). While a prenuptial agreement is most widely recommended, couples who are already married can still draw up a valid marital contract, known as a postnuptial agreement.

Do you need a prenup in Nevada? ›

Prenuptial agreement and Nevada state law

If you wish to avoid Nevada's community property laws, you and your spouse must sign a prenuptial agreement. A signed formal prenuptial agreement will take control of the division of assets and debts in a divorce.

How long is a prenup good for? ›

In general, prenups don't expire. They're designed to go into effect should your marriage end by divorce or death. There are no expiration dates on prenups regardless of the state they're written in, where you get married, or where you end up living.

How do I protect my assets before marriage? ›

How can you keep premarital assets separate?
  1. Before you get married, consider getting a prenuptial agreement. ...
  2. If you're already married, consider getting a postnuptial agreement. ...
  3. If you have a business, you can keep it as separate property by a prenup, a postnup, or a buy-sell agreement.
Oct 24, 2022

How long does it take to write a prenuptial agreement? ›

How long does it take to get a prenup? If you plan to hire an attorney to negotiate and draft your prenup, you can expect the process of drafting, negotiating, and signing to take 3-6 months. If you create a prenup with HelloPrenup, your prenup can be created as quickly as you want, in as little as a few hours!

Do online prenups work? ›

The short answer is yes – there is no law that says an online prenup is not valid. In fact, most states have no requirement that couples must hire an attorney to draft a prenup. There are two main kinds of online prenups – templated platforms vs. HelloPrenups' dual participation, state specific platform.

How do you get a prenuptial agreement? ›

13. How do I make a prenuptial agreement?
  1. have the prenuptial agreement drawn up by a qualified family law expert.
  2. both seek independent legal advice.
  3. fully understand the agreement and agree to it willingly.
  4. disclose all assets and property fully.
Nov 3, 2022

Does LegalZoom do prenuptial agreements? ›

Let LegalZoom help you with major life changes involving prenuptial agreements, getting divorced, or changing your name. If you need legal advice or guidance regarding any of these matters, consider signing up for the LegalZoom Advantage Plan where you will receive access to an attorney for a low monthly fee.


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