Premarital Agreements in Nevada: The Uniform Premarital Agreement Act

Part of my Nevada Family Law Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 11, chapters 121 through 130 (current through the 2025 legislative session and 2026 special session revisions)

In This TopicNevada Family LawTopic 4 of 15: Premarital Agreements

A premarital agreement is an agreement between two people who plan to marry, made in contemplation of the marriage and meant to take effect when they marry (NRS 123A.030(1)). Nevada’s rules for these agreements are in chapter 123A of NRS, which may be cited as the Uniform Premarital Agreement Act (NRS 123A.010).

The chapter must be applied and interpreted to make the law on this subject uniform among the states that enact it (NRS 123A.020). This page explains what the agreement must look like, what it can cover, when a court will not enforce it, and how other Nevada laws treat it.

Key Terms

The agreement is between “prospective spouses,” meaning people who have not yet married (NRS 123A.030(1)). It becomes effective upon marriage (NRS 123A.060). Until the wedding, it does not take effect.

The chapter defines property broadly. It means any interest in real or personal property, whether present or future, legal or equitable, vested or contingent, and it includes income and earnings (NRS 123A.030(2)).

Formal Requirements

A premarital agreement must be in writing and signed by both parties (NRS 123A.040). An oral promise does not meet this requirement.

The agreement is enforceable without consideration (NRS 123A.040). In other words, neither person has to give the other something in exchange for the agreement to be binding.

What a Premarital Agreement Can Cover

Under NRS 123A.050(1), the parties may contract about:

• Each party’s rights and obligations in any property of either or both of them, whenever and wherever it was acquired or is located (NRS 123A.050(1)(a)).
• The right to buy, sell, use, transfer, exchange, abandon, lease, consume, spend, assign, mortgage, encumber, create a security interest in, dispose of, or otherwise manage and control property (NRS 123A.050(1)(b)).
• How property will be divided or handled upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event (NRS 123A.050(1)(c)).
• Changing or eliminating alimony or the support or maintenance of a spouse (NRS 123A.050(1)(d)).
• Making a will, trust or other arrangement to carry out the agreement (NRS 123A.050(1)(e)).
• Ownership rights in, and disposition of, the death benefit from a life insurance policy (NRS 123A.050(1)(f)).
• Which state’s law governs how the agreement is interpreted (NRS 123A.050(1)(g)).
• Any other matter, including personal rights and obligations, that does not violate public policy or a statute imposing a criminal penalty (NRS 123A.050(1)(h)).

Child Support Is Protected

A premarital agreement may not adversely affect a child’s right to support (NRS 123A.050(2)). For more on how support for children is set, see Child Support in Nevada.

Changing or Revoking the Agreement After Marriage

After the wedding, a premarital agreement may be amended or revoked only by a written agreement signed by the parties (NRS 123A.070). As with the original agreement, the amendment or revocation is enforceable without consideration (NRS 123A.070).

When a Premarital Agreement Is Not Enforceable

The person challenging the agreement must prove the problem. The agreement is not enforceable if the party against whom enforcement is sought proves one of the following (NRS 123A.080(1)):

Ground	What must be proved
Not voluntary	That party did not execute (sign) the agreement voluntarily (NRS 123A.080(1)(a)).
Unconscionable	The agreement was unconscionable when it was executed (NRS 123A.080(1)(b)).
Lack of financial disclosure	Before signing, that party (1) was not given a fair and reasonable disclosure of the other party’s property or financial obligations, and (2) did not voluntarily and expressly waive, in writing, any right to disclosure beyond what was provided, and (3) did not have, or reasonably could not have had, adequate knowledge of the other party’s property or financial obligations (NRS 123A.080(1)(c)).

Note that the disclosure ground is written with “and.” All three parts must be shown together (NRS 123A.080(1)(c)).

Whether an agreement is unconscionable is decided by the court as a matter of law (NRS 123A.080(3)).

Protection Against Public Assistance

Some agreements change or eliminate alimony or spousal support. If that change causes one party to be eligible for support under a program of public assistance at the time of separation or marital dissolution, the court may require the other party to provide support to the extent necessary to avoid that eligibility (NRS 123A.080(2)). The court may do this notwithstanding the terms of the agreement (NRS 123A.080(2)). For more on spousal support generally, see Alimony in Nevada.

If the Marriage Turns Out to Be Void

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result (NRS 123A.090). To learn which marriages Nevada treats as void, see Annulment and Separate Maintenance in Nevada.

Time Limits for Enforcing the Agreement

Any statute of limitations that applies to a claim under a premarital agreement is tolled (paused) during the parties’ marriage (NRS 123A.100). The clock does not run while the parties remain married.

However, either party may still raise equitable defenses that limit the time for enforcement, including laches and estoppel (NRS 123A.100).

How Other Nevada Laws Treat an Enforceable Premarital Agreement

Several Nevada statutes step aside when their result would conflict with a premarital agreement that is enforceable under chapter 123A. The table below lists the ones most likely to matter.

Subject	How the premarital agreement matters
Property rights during marriage	Chapter 123 governs a married couple’s property rights unless an enforceable premarital agreement contains contrary stipulations (NRS 123.010(1)). See Marital Property Rights.
Alimony and property division in divorce	The court’s powers to award alimony and divide property apply unless the action is contrary to an enforceable premarital agreement (NRS 125.150). See Property and Debt Division.
Public Employees’ Retirement System and Judicial Retirement Plan benefits	The special rules for valuing and dividing these benefits apply unless the action is contrary to an enforceable premarital agreement or is prohibited by specific statute (NRS 125.155).
Separate maintenance	The court may not order support of a spouse during the case, assign one spouse possession of the other’s property, or order a fixed sum for the other spouse’s support if doing so is contrary to an enforceable premarital agreement (NRS 125.200(2); NRS 125.210(2)).
Division of income and resources when one spouse is institutionalized	The court shall not enter a decree dividing the couple’s income and resources if the division is contrary to an enforceable premarital agreement (NRS 123.259(2)).
Inheritance without a will	Nevada’s intestate succession chapter does not apply to the extent it is inconsistent with an enforceable premarital agreement executed by the person who died and the surviving spouse (NRS 134.005). See Dying Without a Will.

“Marriage Contracts or Settlements” in Chapter 123

Chapter 123 lists “a marriage contract or settlement” separately from a premarital agreement under chapter 123A (NRS 123.010(1)). It has its own rules for marriage contracts or settlements.

• They must be in writing and executed and acknowledged or proved in the same way as a conveyance of land (NRS 123.270).
• Once acknowledged or proved, they must be recorded in the recorder’s office of every county where real property conveyed or affected by the contract is located (NRS 123.280).
• Until recorded in the county where the real property is located, they are not valid as to that real property, except as between the parties (NRS 123.300).
• A minor capable of contracting marriage may make a valid marriage contract or settlement (NRS 123.310).

How I Can Help

I help people who are planning to marry understand what Nevada’s Uniform Premarital Agreement Act allows, and I help spouses who later need to review, amend or challenge an existing agreement. If a divorce or separation is on the horizon, I can explain how an agreement may affect property, alimony and other issues under Nevada law. Request a consultation to discuss your situation.

This page provides general information about Nevada family law, based on the Nevada Revised Statutes as currently revised, and is not legal advice. Court rules, regulations (including the child support guidelines), and case law also affect family law matters. Every family is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.