So, you’ve hit the jackpot in love, and you’re ready to go all in on your relationship. Congratulations! When you’ve found the right person, making a lifetime commitment feels less like a gamble and more like the next right step. Now, you’re in planning mode. Combining your life with someone else takes intention and planning, and since you’re reading this article, it’s safe to say you’re making smart choices regarding your financial future. Prenuptial agreements give couples the opportunity to have the important conversations before merging their lives. In a prenup, you can predetermine how to divide your assets and liabilities should the marriage become unsustainable in the future. Do you need an attorney for a prenup in Nevada? How much does a prenup lawyer cost? Keep reading to find the answers to your questions. We’ll cover it all!
Is a lawyer required for a valid prenuptial agreement in Nevada?
No, Nevada does not require you to hire an attorney to draft a valid prenup. However, having an experienced attorney guide you through the prenup process is the safest way to ensure that your agreement supersedes the community property laws you’re hoping to avoid. Another significant point to highlight is that even if you don’t actually hire an attorney, you and your partner must at least have a reasonable opportunity to consult a lawyer. In the Nevada case of Sogg v. Nevada State Bank, the court found that parties need “ample opportunity to consult with an attorney” (Sogg v. Nevada State Bank (1992)). This means that if a prenup is rushed and your partner did not have a reasonable amount of time to talk with an attorney, the court might invalidate the entire prenup.
Do we both need a lawyer, or can only one person hire one?
As we’ve covered, Nevada doesn’t require you to hire an attorney, and there are no laws preventing only one of you from hiring an attorney while the other remains unrepresented. However, if the agreement greatly favors one party over the other, the disadvantaged party should have independent legal counsel or, at the very least, have a reasonable amount of time to talk with one.
In addition, the disadvantaged spouse in a Nevada prenup agreement should have the opportunity to speak with an attorney to show the court that they had a legal advocate explaining the legal consequences of the agreement’s language (Sogg v. Nevada State Bank (1992)). This helps support the fact that they voluntarily entered into the agreement and makes it more difficult to throw out based on voluntariness or lack of legal counsel.
Speaking of agreements that favor one party over the other, there is a Nevada statute that states that if a prenup changes or removes spousal support and that change results in a spouse becoming eligible for public assistance during separation or divorce, the court can override the agreement and mandate the other spouse to provide enough support to eliminate the newfound eligibility (Nevada Revised Statutes 123A.080(2). Keep this knowledge in the back of your mind while drafting, and attempt to keep the prenup as reasonably fair as possible to prevent invalidation in the future.
Can we share a lawyer?
No. According to the Nevada Rules of Professional Conduct, attorneys have a fiduciary duty to their clients, meaning that they must act in their clients’ best interests. By representing you and your fiancé, an attorney would have a conflict of interest. A lawyer’s purpose is to represent you and to ensure that your wants and goals are satisfied by your prenuptial agreement.
It’s understandable that you might want to save money now by only hiring one professional to draft your prenup. But a prenup only comes into effect if you and your partner were to dissolve the marriage in the future. And at that time, your interests will naturally be in conflict since the prenup dictates how you will divide the assets and liabilities acquired throughout the marriage. Sharing an attorney could ultimately invalidate your prenup, and the courts would then divide your assets and liabilities based on state law. In Nevada, community property laws would likely see you and your partner splitting everything equally, regardless of what you agreed to in your prenup (Nev. R. Prof. Conduct 1.7-1.9)
Nevada’s default laws on property division
Nevada is one of nine community property states. What does this mean? Living in a community property state means that if you were to divorce, the court will view you and your spouse as each owning 50% of the assets and debts acquired throughout the marriage. The court will then likely distribute the assets and debts equally between you two, regardless of who incurred the debt or earned the assets. The language used in a prenuptial agreement is important in all states, but especially in a community property state!
Can I write my own prenuptial agreement?
Nevada law does not prohibit you from drafting your own prenuptial agreement. However, if your prenup is contested in the future, the court will look closely at the language within your agreement and the circumstances surrounding the creation of the agreement to determine its validity. The language in a prenup is complex and critical to how your assets and liabilities will be divided in the future if there’s a divorce. You’re already being smart and intentional by choosing to have a prenup.
Using an online prenup platform or hiring an attorney is the next right step. To best protect yourself and your financial future, drafting your prenup through a well-respected online platform like HelloPrenup will help ensure that the language in your agreement avoids the pitfalls common in self-drafting.
What are the legal requirements for a valid prenup in Nevada?
According to Chapter 123 of the Nevada Revised Statutes (N.R.S.), a prenup must be in writing, voluntarily signed by both parties, include fair and reasonable disclosure of financials, and it cannot violate public policy or negatively affect child support. (N.R.S. 123A.080). If the validity of a prenup is contested, the agreement will be deemed unenforceable if the contesting party proves that:
- The party did not voluntarily sign the agreement.
- The prenup was severely unfair (i.e., unconscionable) at the time of signing.
- Before signing, the contesting party:
- was not provided fair and reasonable disclosure of the financial obligations or property of their partner,
- did not expressly and voluntarily waive, in writing, the right to disclosure of financial information beyond what had already been provided, and
- did not have, or reasonably could not have had, an adequate knowledge of their partner’s financial situation (i.e., assets or liabilities)
On the other hand, a party enforcing the prenup has an obligation to prove the validity of the agreement. In the case of Sogg v. Nevada State Bank, the court expressed that couples intending to marry have a responsibility to one another and therefore a presumption of fraud exists when a prenup significantly disfavors one party.
How much does a prenup lawyer cost in Nevada?
Costs associated with legal drafting vary greatly and depend on multiple factors, including the complexity of your financial situation, whether you and your fiancé have a lengthy negotiation process, and the experience of the attorney you hire. According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000. That’s a lot of money!! Enough to make you want to push pause on the wedding planning and try your luck at the Blackjack table… or at least a few slot machines. Drafting your prenuptial agreement shouldn’t break the bank or drive you to your nearest casino. Using a trusted online platform such as HelloPrenup costs significantly less than standard family law attorneys.
Where can I find a prenuptial agreement lawyer in Nevada?
Many couples choose to begin their marital journey in the vibrant state of Nevada, particularly under the bright lights of Las Vegas. So, there’s no shortage of family law attorneys! You can find an attorney through referrals from friends and family in the area, wedding planning services, hotel concierge services, the Nevada Bar Association, and, of course, the internet.
You will have a broad range of lawyers to choose from, but make sure to check reviews and ask specific questions about the lawyer’s personal experience in drafting prenuptial agreements. You’ve come this far, making smart choices in your financial planning. Now is not the time to roll the dice on an important agreement that dictates your financial future!
Prenups are negotiations. Know your leverage.
It’s important to remember that a prenuptial agreement is a legal contract just like any other. In any negotiation, one party may feel they have less power or fewer options. But with a prenup, your leverage is the relationship itself. Even if you’re in a financially weaker position, you still have negotiating power. You can, and should, ask for terms that would allow you to leave the marriage with dignity and security if needed. That might include spousal support, a share of marital assets, or protection from debt.
The goal of a prenup isn’t to plan for divorce, it’s to create a clear, fair agreement in case the unexpected happens. Love may bring you together, but clarity and fairness help keep resentment at bay. Having a Plan B doesn’t mean you’re planning to fail. It means you’re planning responsibly.
The bottom line on prenup lawyer requirements in Nevada
In the state of Nevada, you do not need to hire an attorney to have a valid and enforceable prenup. But remember, you and your fiancé should each have a reasonable amount of time and opportunity to consult a lawyer, even if you don’t end up hiring one. And if your agreement significantly favors one party over the other, the disadvantaged party should have a lawyer to explain the consequences of the language. This will help prevent your prenup from being overturned by a court in the future if it feels that the disadvantaged party was unclear on what they were signing. You’ve done it! You’ve asked the right questions, found the right partner, and now you’re one step closer to a future that’s as bright as the Las Vegas lights!
I’m Willis J. Bowden III, Esq., hailing from Las Vegas, NV. With a strong educational background and extensive experience in family law, I am passionate about representing families in all aspects of their legal needs. I earned my stripes at Northern Arizona University, where I graduated with a double major in Political Science and Criminal Justice in 2011. Continuing my legal journey, I pursued my law degree at Nova Southeastern University, Shepard Broad College of Law, in 2016. I am currently licensed to practice law in Nevada and Florida.
Throughout my career, I’ve dedicated myself to serving families, handling a diverse range of family law matters with compassion and vigor. Whether it’s divorce, child custody, adoption, or guardianship, I am committed to providing sound legal advice and dedicated representation to my clients.
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