The all-inclusiveNevada prenup

The controlling statute & cases

What law governs prenups in Nevada?

Nevada prenuptial agreements are governed primarily by statute, found at Nev. Rev. Stat. (NRS) Chapter 123A, the Premarital Agreements chapter. These statutes set out the formalities a prenup must satisfy, what a prenup may and may not include, and the legal grounds on which a court may refuse to enforce a prenup. Nevada courts also have case law that addresses issues of disclosure and voluntariness of a prenuptial agreement and helps carve out the enforceability of these contracts in the state. (See Sogg v. Nevada State Bank, 108 Nev. 308 (1992) and Fick v. Fick, 109 Nev. 458 (1993)).

Is Nevada a UPAA state?

Yes, Nevada is one of the many states that adopted a version of the Uniform Premarital Agreement Act (UPAA). The UPAA attempts to standardize prenup laws in all states, but only 28 + D.C. have so far adopted it. In Nevada, NRS Chapter 123A is the codification of the UPAA, and it was enacted so that Nevada's prenuptial agreement law would look and function similarly to the law in other UPAA states. This matters for couples who may move across state lines, since it means a Nevada prenup is more likely to be recognized and interpreted consistently elsewhere.

Requirements for a Nevada prenup

What are the requirements for a prenup in Nevada?

In Nevada, a premarital agreement must be in writing and signed by both parties (NRS 123A.040). Unlike an ordinary contract, no separate consideration is required for a prenup to be valid, the promise to marry, and the marriage itself, is enough. The agreement must also have been entered into voluntarily, and it cannot be unconscionable when paired with inadequate financial disclosure (NRS 123A.080). Nevada does not have a statutory waiting period like some states do for prenups. Still, giving both parties adequate time to review the agreement before the wedding is strongly advised, since rushed signings are more likely to be challenged as involuntary.

Requirements:

• In writing
• Signed by both parties
• No separate consideration required (the promise to marry is enough)
• Entered into voluntarily
• Not unconscionable when paired with inadequate financial disclosure

Does a prenup need to be notarized in Nevada?

No, notarization is not required by NRS Chapter 123A for a premarital agreement to be valid in Nevada. Notarization is the act of signing a document in the presence of a notary public. While notarizing the agreement is not required, it is often still recommended by Nevada attorneys as a simple, low-cost step that can help establish the identity of the signing parties and the date of execution if the agreement is ever challenged.

Do both parties need a lawyer for a prenup in Nevada?

Not necessarily. Nevada's premarital agreement statute does not include a rule requiring independent counsel before a spousal support waiver can be enforced, which is a meaningful difference from some other states. That said, whether a party had the opportunity to consult an attorney is a factor Nevada courts may weigh when deciding whether an agreement was signed voluntarily or whether it is unconscionable under NRS 123A.080. In practice, going without a lawyer increases the risk that a party could later argue they didn't understand what they were signing, so many couples choose to have at least one side reviewed by counsel even though it is not a strict legal requirement.

What makes a prenup invalid in Nevada?

A Nevada premarital agreement can be found invalid or unenforceable if it was not put in writing and signed by both parties, if the party challenging it can show it was not entered into voluntarily, or if it was unconscionable at the time it was signed and the challenging party was not given fair disclosure of the other party's property and financial obligations (NRS 123A.040; NRS 123A.080). A provision that violates public policy or a criminal statute will also not be enforced, no matter how the rest of the agreement is drafted.

How long before the wedding should I sign a prenup in Nevada?

Nevada law does not set a specific number of days that must pass between finishing the agreement and the wedding date. Even so, signing well in advance of the ceremony is generally the recommended route. The closer a signature is to the wedding, the easier it becomes for a party to later argue they felt pressured or didn't have a real chance to review the terms, which goes directly to the voluntariness analysis under NRS 123A.080.

In addition, in Sogg v. Nevada State Bank, the court observed that the circumstances surrounding the execution of the premarital agreement prevented the wife from adequately protecting her rights and supported the conclusion that the agreement should not have been enforced. Among other factors, the wife was first asked to sign the agreement the day before the original wedding date. When she attempted to consult with counsel, the husband interrupted the consultation, demanded to know the reason for the delay, and canceled the wedding when she refused to sign immediately. The wife was not presented with the agreement again until the morning of the rescheduled wedding. This demonstrates that the timing of the agreement will come into play for an analysis on voluntariness in Nevada courts. (Sogg v. Nevada State Bank, 108 Nev. 308, 832 P.2d 781 (1992)).

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What can & can't be in a Nevada prenup

Does cheating void a prenup in Nevada?

No, infidelity on its own does not void a Nevada premarital agreement. Nevada is a no-fault divorce state, meaning a divorce may be granted based on incompatibility or living separately, without either spouse having to prove wrongdoing by the other (NRS 125.010). Because misconduct generally isn't part of the divorce analysis, a clause that tries to financially punish a spouse specifically for infidelity sits uneasily with that policy and is at serious risk of being struck as against public policy, even though Nevada courts have not needed to revisit this issue as often as some other states.

Are infidelity clauses enforceable in Nevada?

Generally, no. Nevada's no-fault divorce framework (NRS 125.010) reflects a policy choice to keep blame and misconduct out of the divorce process. A clause imposing a financial penalty tied to cheating runs contrary to that policy, since it effectively asks a court to make findings about marital fault the state's divorce laws were designed to avoid. For that reason, couples are better served keeping their prenup focused on property and support rather than behavior-based penalties. However, some Nevada couples still may want to include it in order to set boundaries with a future spouse, knowing it may not be enforced by a court.

Can a prenup include child custody in Nevada?

No, a Nevada prenup cannot lock in child custody terms. Custody must be decided based on the best interest of the child at the time custody becomes an issue (NRS 125C.0035), and parents cannot contract away that determination years in advance through a prenuptial agreement. A custody arrangement that might have made sense on a couple's wedding day could be completely wrong for the child's needs a decade later, which is exactly why the law reserves that decision for the court at the time it actually matters.

Can a prenup protect a business in Nevada?

Yes. Under NRS 123A.050, parties may contract with respect to the rights and obligations of each in property, including the right to buy, sell, use, or otherwise manage and control property "whenever and wherever acquired or located." That authority extends to business interests, which may include existing businesses, future ventures, income, equipment, debt, and the growth or appreciation of businesses. Clearly labeling a person's business interest as separate property in the agreement is the key step to keeping it out of the community property pool.

Can a prenup protect inheritance in Nevada?

Yes, a Nevada prenup agreement can be used to protect inheritances and even gifts from third parties (such as gifts from parents). Nevada law already treats property acquired by gift or descent as separate property (NRS 123.130), but that default protection can change over time, such as if inherited funds are commingled with other funds. A prenup lets a couple spell out, in advance, that inherited and gifted property will stay separate and will not be treated as community property even if it's touched by other, separate or community funds down the line.

Community property in Nevada

Is Nevada a community property state?

Yes, Nevada is one of the nine community property states in the country. Under NRS 123.220, property acquired by either spouse during the marriage is presumed to be community property belonging equally to both, regardless of whose name is on the title or who earned it. This differs from equitable distribution states, where a judge divides property based on fairness rather than starting from a presumption of a 50/50 split. In addition, some equitable distribution states don't differentiate when the asset was acquired (before or during marriage), so any property may be distributed, not just what was accumulated during the marriage.

How is property divided in a divorce in Nevada without a prenup?

Under NRS 125.150, a Nevada court is required to make an equal disposition of the community property of the parties (to the extent possible), unless the court finds a compelling reason to make an unequal disposition and states that reason in writing or on the record. Separate property, which is generally what a spouse owned before marriage, plus gifts and inheritances received at any point (NRS 123.130) is not part of that division. For example, if a couple bought a house during the marriage using income earned during the marriage, that house is community property and split equally, even if only one spouse's name appears on the deed, without other applicable extenuating circumstances.

Does a prenup override community property in Nevada?

Yes, a valid prenup in Nevada can override how community property rules would otherwise apply. NRS 123A.050 allows spouses to contract as to their respective rights in property, which means a couple can choose to keep specific assets separate, agree to convert what would be community property into separate property, or restructure how property will be characterized and divided if the marriage ends. In addition, under NRS 125.150, a prenuptial agreement may exclude property from a community property division, a.k.a., override community property law.

Whether the prenup actually overrides the default community property scheme comes down to how clearly it's drafted and whether it holds up as enforceable under NRS 123A.080.

What is separate property in Nevada?

Separate property in Nevada is defined by NRS 123.130 and includes property owned by a spouse before the marriage, along with the rents, issues, and profits from that property, as well as anything acquired during the marriage by gift or inheritance. In short, what you brought into the marriage, and anything gifted or inherited to you individually, generally stays yours alone and isn't subject to division in a divorce, unless it gets commingled with community property in a way that erases that separate character.

Alimony in Nevada

Can a prenup waive alimony in Nevada?

Yes. NRS 123A.050 specifically allows couples to contract regarding the modification or elimination of alimony. There is, however, an important limit: under NRS 123A.080, if eliminating support would leave one spouse requiring public assistance at the time of divorce, a court can order the other spouse to provide support to the extent necessary to avoid that outcome, regardless of what the prenup says.

How is alimony determined in Nevada without a prenup?

Without a prenup, a Nevada court decides spousal support under the factors laid out in NRS 125.150, which gives the judge broad discretion. Some of the factors a court may weigh include:

• Each spouse's financial situation
• Each spouse's contribution to any community property
• The length of the marriage
• The age and health of each spouse
• The standard of living during the marriage
• Whether one spouse's career or earning capacity was affected by domestic duties or supporting the other spouse's career or education

As in most states, no single factor is controlling, and Nevada courts have considerable discretion to weigh the circumstances of each marriage individually.

How much does a prenup cost in Nevada?

How much does a prenup cost in Nevada?

Costs vary widely depending on the complexity of a couple's finances and the attorney's experience, but a straightforward Nevada prenup drafted and reviewed by an attorney generally falls somewhere between $1,500 and $7,000 per couple or more. More complex situations, significant business interests, multiple properties, or extensive negotiation between the parties can push costs higher, sometimes into five figures.

Nationally, a survey of family law attorneys put the average cost of a prenup around $8,000 per couple. Nevada's cost of living and attorney rates tend to run somewhat below those of states like California, which is part of why many Nevada couples land toward the lower-to-middle end of the national range.

What is the cheapest way to get a prenup in Nevada?

The most cost-effective route is typically to use an online prenup platform with Nevada-compliant prenuptial agreements to generate the document, then have a Nevada-licensed attorney review the finished draft at a flat rate rather than paying an attorney to draft the entire document from scratch. Platforms like HelloPrenup allow couples to work through a guided, Nevada-based questionnaire to build the agreement and then connect with a licensed attorney in the state for review, which combines convenience with the legal oversight that helps an agreement hold up later.

How much does a prenup lawyer cost in Nevada?

According to Clio, in 2026, Nevada attorneys charge, on average, $326 per hour. This rate can range, based on the attorney's experience and location. In addition, the overall cost of the prenup, based on the attorneys' hours, will vary. For example, a simple agreement between two people with modest, easily categorized assets will usually take fewer billable hours than one involving business valuations, trusts, or lengthy back-and-forth negotiation between the parties' respective attorneys.

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How to get a prenup in Nevada

How do I get a prenup in Nevada?

There are two common paths to getting a prenup in Nevada: (1) each partner hires their own attorney, with one lawyer drafting the agreement and the other lawyer reviewing and negotiating changes, or (2) the couple uses a Nevada-compliant online prenup platform and adds attorney review on top of it. The traditional route (the first option) tends to take longer and cost more because an attorney is billing for drafting time in addition to review. Using an online platform (the second option) to generate the first draft and then bringing in attorneys only for review is generally the faster and less expensive option.

Can I write my own prenup in Nevada?

Yes, but with caveats. Because Nevada does not require independent counsel to enforce a prenup, a couple can draft their own premarital agreement as long as it meets the basic formalities under NRS 123A.040. The agreement must be in writing and signed by both parties. That said, "can" isn't the same as "should." Self-drafted agreements are more vulnerable to challenge if the language is ambiguous, the disclosure is incomplete, or a party later argues they didn't understand what they signed, so many Nevada couples still choose to have an attorney at least review the final draft.

How long does it take to get a prenup in Nevada?

Timelines vary, but most couples can expect the process to take anywhere from a couple of weeks to a couple of months. Financial disclosure is often the part that takes the longest, since each party needs to gather account statements, property records, business documents, and debt information before the agreement can be finalized. If either party is working with an attorney who has a full caseload, drafting and revisions can add additional weeks to the timeline.

Do I need a lawyer to get a prenup in Nevada?

No, a lawyer is not technically legally required to create a valid premarital agreement in Nevada, as long as the agreement is in writing and signed by both parties (NRS 123A.040). Even without a legal requirement, having at least one attorney review the agreement is one of the best ways to reduce the chance that it gets challenged later on grounds of unfairness, lack of disclosure, or misunderstanding of the terms.

Caselaw & enforceability

Are prenups enforceable in Nevada?

Yes, prenup agreements are enforceable in Nevada as long as they satisfy the requirements of NRS Chapter 123A. A party seeking to avoid enforcement carries the burden of showing the agreement was not signed voluntarily, or that it was unconscionable when signed and paired with inadequate financial disclosure (NRS 123A.080). Nevada courts have also recognized, going back to cases like Buettner v. Buettner, 89 Nev. 39 (1973), that engaged couples occupy a relationship of trust that calls for honest disclosure between them when negotiating a premarital contract.

How hard is it to break a prenup in Nevada?

It is difficult, though not impossible. The spouse trying to set aside the agreement has to prove one of the grounds recognized under NRS 123A.080, involuntariness, or unconscionability combined with a failure to provide fair financial disclosure, meaning reasonable disclosure of financials like income, debt, and assets. Simply regretting the prenup terms years later, or feeling the agreement turned out to be a bad deal, is not enough on its own to unwind an otherwise properly executed prenup.

Can a judge throw out a prenup in Nevada?

Yes, a Nevada judge can decline to enforce all or part of a premarital agreement, but only for a recognized legal reason, not simply because the terms seem one-sided to one party in hindsight. Under NRS 123A.080, unconscionability is determined by the court as a matter of law, and Nevada's appellate courts have long emphasized the duty of fair disclosure between engaged parties. A prenup that was properly disclosed financially, voluntarily signed, and executed in writing correctly is difficult to overturn.

What can void a prenup in Nevada?

There are a limited number of ways a Nevada premarital agreement can be voided:

• Not in writing (no verbal agreements)
• Missing a signature from either party
• Lack of voluntariness
• Unconscionability combined with inadequate financial disclosure
• A provision that violates public policy or requires an illegal act

Outside of these narrow categories, Nevada courts are generally reluctant to disturb a properly executed premarital agreement.

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Duration & after-marriage

How long does a prenup last in Nevada?

A valid Nevada prenuptial agreement remains in effect indefinitely once the marriage occurs, unless the couple builds in an end date specifically. NRS 123A.060 provides that the agreement becomes effective upon marriage and continues unless amended or revoked. Some couples choose to add a "sunset clause" that ends the agreement's effect after a set number of years or on a specific anniversary (such as on their 10th wedding anniversary), often as a way to acknowledge that their finances and lives will likely become far more intertwined the longer the marriage lasts.

Can you get a prenup after marriage in Nevada?

No. By definition, a premarital agreement under NRS Chapter 123A has to be signed before the marriage takes place. Couples who are already married and want a similar agreement typically look to a postnuptial agreement instead. Nevada law recognizes that spouses may enter into transactions and agreements with each other regarding property much as they could if unmarried (NRS 123.070), but marital agreements signed after the wedding are generally scrutinized more closely by courts than premarital agreements are, given the different bargaining dynamic between two people who are already married rather than two people who are simply engaged.

Can you change a prenup in Nevada?

Yes. Under NRS 123A.060, a prenuptial agreement may be amended or revoked only by a written agreement signed by both parties, and NRS 123A.070 confirms that no separate consideration is needed to make an amendment enforceable. Couples in Nevada may want to amend their original agreement due to a significant change in financial circumstances, such as receiving an inheritance or starting a business. It is also common when one spouse leaves their career to stay home with the children and wants additional protection not already provided in the prenup.

Cross-border & recognition

Is a prenup signed in another state valid in Nevada?

Under NRS 123A.050, Nevada law allows couples to include a choice of law provision in their premarital agreement, meaning the couple can specify that another state's law will govern how the agreement is interpreted. A Nevada court asked to enforce an out-of-state prenup will generally look at whether it satisfies the formalities of NRS Chapter 123A and whether enforcing it would run contrary to Nevada public policy, even where the agreement designates another state's law.

What happens to my Nevada prenup if I move to another state?

This depends heavily on how the new state treats choice of law provisions and its own premarital agreement statute. Many states, including most other UPAA states, will generally respect a Nevada choice of law clause and apply Nevada law to interpret the agreement's terms. Other states may still apply their own public policy limitations to certain provisions, even while otherwise honoring the parties' choice of law. The practical takeaway for couples is that a Nevada choice-of-law clause meaningfully increases the odds that Nevada law will govern the agreement if the couple later relocates, but it isn't an ironclad guarantee in every jurisdiction.