Las Vegas Prenup & Postnup Lawyer

How Nevada Law Governs Premarital Agreements

Nevada adopted the Uniform Premarital Agreement Act, codified at NRS Chapter 123A, which governs premarital agreements signed on or after October 1, 1989. Under NRS 123A.030, a premarital agreement is defined as an agreement between prospective spouses made in contemplation of marriage, intended to take effect once the marriage occurs. Agreements signed before that date are still enforceable if they meet either the requirements of the Act or Nevada’s older common law standard.

Under NRS 123A.040, a premarital agreement must be in writing and signed by both parties, and it is enforceable without any additional exchange of value, meaning neither spouse has to give anything up beyond the promises in the agreement itself for it to be valid.

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

A postnuptial agreement serves a similar purpose but is signed after the marriage has already taken place. Nevada treats these marriage contracts and settlements under NRS Chapter 123, which requires them to be in writing and formally acknowledged, similar to how a real estate conveyance is executed. Couples choose a postnuptial agreement for many reasons: a marriage that began without a prenup, a significant inheritance or business opportunity that arises during the marriage, or simply a desire to formalize how certain assets will be treated going forward.

Postnuptial agreements can address property rights and financial matters in much the same way a prenup does, but Nevada draws a meaningful distinction when it comes to spousal support: a full alimony waiver generally has to be established before the marriage in a premarital agreement, since that option is not available in the same way once the marriage has already occurred. If a full waiver of support is important to you, timing matters, and that conversation should happen before the wedding, not after.

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.

Why Las Vegas Couples Choose Cohen Fic & Squires

Cohen Fic & Squires has practiced family law exclusively since 2003. We do not take personal injury, criminal, or commercial cases; drafting, reviewing, and litigating premarital and postnuptial agreements is part of our regular practice, not a side service. The firm holds an AV Preeminent rating from Martindale-Hubbell, the highest peer rating a law firm can receive for legal ability and ethics.

Partner Lesley Cohen brings the perspective of her service in the Nevada State Assembly to how she drafts agreements meant to survive legal scrutiny years down the road. Partner Summer Squires was nationally ranked among the National Academy of Family Law Attorneys’ Top 10 Under 40. Partner Holly Fic is known for clear, patient guidance that helps clients and their future spouses understand exactly what they are agreeing to. The firm also includes Certified Divorce Financial Analysts on staff, valuable for premarital agreements involving businesses, high-value estates, or complex financial disclosures.

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, but Nevada’s enforceability rules are technical, and a poorly drafted agreement, or one signed without proper disclosure, can be thrown out entirely when you need it most. An experienced attorney drafts the agreement to withstand the exact challenges courts look for.

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 I get a postnuptial agreement if we never signed a prenup?

Yes. Couples can enter into a postnuptial agreement at any point during the marriage to address property and financial matters. A full waiver of alimony, however, is generally only available through a premarital agreement signed before the wedding.

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.

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.