Las Vegas Prenup Lawyers

What a Prenuptial Agreement Can Address

NRS 123A.050 gives couples broad latitude to define their financial relationship in advance. A properly drafted premarital agreement can address:

• The rights and obligations of each spouse in property owned by either or both of them, whenever and however acquired
• The right to buy, sell, use, transfer, or otherwise manage and control property
• How property will be divided if the marriage ends in separation, divorce, or death
• Spousal support, including the right to modify or completely waive alimony
• Making a will or trust to carry out the terms of the agreement
• The ownership rights in a death benefit from a life insurance policy
• Choice of law, meaning which state’s law will govern interpretation of the agreement
• Any other matter, including personal rights and obligations, as long as it does not violate public policy or criminal law

Nevada is one of the few states that allows a complete waiver of spousal support in a premarital agreement. That flexibility is valuable, but it also means alimony waivers receive close judicial scrutiny, particularly when one spouse earns significantly more than the other, so these provisions have to be drafted carefully to hold up later.

What a Prenup Cannot Do

Nevada law draws a firm line around children. Parents cannot use a premarital or postnuptial agreement to predetermine child custody or child support. Those decisions are always reserved for the court at the time of separation, based on the best interest of the child, regardless of what the parents agreed to years earlier. A prenup also cannot eliminate a spouse’s right to spousal support if doing so would leave that spouse eligible for public assistance at the time of the divorce; the court retains authority to order support in that narrow circumstance even where a valid waiver exists.

Postnuptial Agreements: Planning After the Wedding

Amending or Revoking an Existing Agreement

A premarital or postnuptial agreement is not permanent once signed. Under NRS 123A.070, spouses can amend or revoke an existing agreement at any time during the marriage, but only through another written agreement signed by both parties. Neither spouse can unilaterally cancel or rewrite the terms. If your circumstances have changed since you signed your agreement, whether due to a new business, children, or a significant change in assets, we can help you and your spouse formally update it.

Enforcing or Challenging a Prenup in Nevada

Not every agreement holds up in court. Under NRS 123A.080, a premarital agreement is unenforceable if the spouse challenging it can show that it was not signed voluntarily, or that it was unconscionable when signed and that spouse did not receive a fair and reasonable disclosure of the other spouse’s property and financial obligations before signing, did not voluntarily waive the right to that disclosure, and did not have, or reasonably could not have had, adequate knowledge of the other spouse’s finances.

Common grounds for challenging an agreement include a signature obtained under pressure shortly before the wedding, one spouse’s failure to disclose significant assets or debts, or terms so one-sided that they shock the conscience of the court. Whether you are trying to enforce an agreement your spouse now wants to escape, or you believe an agreement was never valid in the first place, our attorneys handle both sides of these disputes.

Frequently Asked Questions About Prenups and Postnups in Nevada

Do I need a lawyer to write a prenuptial agreement in Nevada?

You are not legally required to use an attorney, however, if each party has an independent legal counsel when negotiating and reviewing a prenuptial or postnuptial agreement, it will significantly improve its likelihood of being upheld in court. At Cohen Fic & Squires, we do not recommend to draft and sign a prenuptial or postnuptial agreement unless both parties are willing to obtain their own independent counsel.

Can a prenup waive alimony completely in Nevada?

Yes, in most cases. Nevada is one of the few states that allows a full waiver of spousal support in a premarital agreement. However, the court can still order support despite a waiver if enforcing it would leave a spouse eligible for public assistance at the time of divorce.

Can a prenup decide child custody or child support in advance?

No. Nevada law does not allow parents to predetermine child custody or child support in a premarital or postnuptial agreement. Those issues are always decided by the court at the time of separation, based on the child’s best interest.

What makes a prenuptial agreement invalid in Nevada?

An agreement can be challenged as unenforceable if it was not signed voluntarily, or if it was unconscionable when signed and the challenging spouse did not receive fair disclosure of the other spouse’s assets and debts, did not knowingly waive that disclosure, and did not otherwise have adequate knowledge of the other spouse’s finances. In other cases, one spouse may have a language barrier and may not fully understand the agreement. For that reason, it is important that each party has independent legal counsel when negotiating and reviewing a prenuptial or postnuptial agreement, that both parties provide full financial disclosure, and that the agreement is translated if English is not one party’s first language. These steps help ensure that the agreement is entered into knowingly and voluntarily and improve its likelihood of being upheld in court.

Can we change our prenup after we are married?

Yes. A premarital agreement can be amended or revoked at any time during the marriage, but only through a new written agreement signed by both spouses. One spouse cannot cancel or rewrite it alone.

How much does a prenuptial agreement cost in Las Vegas?

Cost depends on the complexity of your assets and the terms you want to include. A straightforward agreement costs less than one involving a business, multiple properties, or a detailed alimony waiver. Fees are discussed clearly during a free consultation.