Nevada Prenuptial Agreement Laws: NRS 123A Rules (2026)

Yes. Nevada enforces prenuptial agreements under its version of the Uniform Premarital Agreement Act, NRS chapter 123A. The agreement "must be in writing and signed by both parties" (NRS 123A.040), and NRS 123A.080 sets out when a court will refuse to enforce it: involuntary signing, an agreement that was unconscionable when signed, or unfair financial disclosure.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital (prenuptial) agreements under Nevada law, mainly NRS chapter 123A, with notes on agreements between spouses under NRS chapter 123. It does not cover Nevada case law on prenuptial agreements, tax or estate planning, or other states' law. The full statute text is on the Nevada Legislature's NRS chapter 123A page. For divorce, see Nevada divorce laws.

Which law governs prenups in Nevada

Nevada's premarital agreement statute is NRS chapter 123A. Its first section provides: "This chapter may be cited as the Uniform Premarital Agreement Act." Chapter 123A defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage (NRS 123A.030(1)).

This page does not state which agreements chapter 123A applies to by signing date. For an older agreement, a lawyer licensed in Nevada can check which rules apply.

Formal requirements for a Nevada prenup

NRS 123A.040 provides: "A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration." Under NRS 123A.060, the agreement becomes effective upon marriage.

NRS 123A.040 does not mention notarization or witnesses.

What a Nevada prenup can cover

NRS 123A.050(1) lists the subjects the parties may agree on. They include "The modification or elimination of alimony or support or maintenance of a spouse" (paragraph (d)) and "any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty" (paragraph (h)).

What it cannot do

• Child support. "The right of a child to support may not be adversely affected by a premarital agreement" (NRS 123A.050(2)).
• Custody. The list of permitted subjects in NRS 123A.050 does not mention custody. This page does not cover how a Nevada court treats a custody term in a premarital agreement; see Nevada child custody laws.

When a Nevada prenup is not enforceable

NRS 123A.080(1) puts the burden on the party who wants to avoid the agreement. The agreement "is not enforceable if the party against whom enforcement is sought proves" one of the following:

Two details in the statute matter in practice. First, the disclosure defense requires all three disclosure conditions together; a party who had adequate knowledge of the other's finances, for example, cannot rely on it. Second, unconscionability is measured as of the day the agreement was signed, not the day it is enforced, and "An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law" (NRS 123A.080(3)).

Independent lawyers and waiting periods

The sections of chapter 123A cited on this page do not mention independent counsel or a waiting period before the wedding. A lawyer licensed in Nevada can draft or review an agreement for either person.

Alimony waivers and the public-assistance limit

A Nevada prenup may modify or eliminate spousal support (NRS 123A.050(1)(d)), but NRS 123A.080(2) adds a safety valve. If the modification or elimination causes one party to be eligible for public assistance at the time of separation or marital dissolution, "a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility."

A premarital agreement also limits what a court can order in a separate maintenance case: under NRS 125.210, the court cannot assign possession of property or order spousal support contrary to an enforceable premarital agreement. For how support is set when there is no agreement, see Nevada alimony laws.

Changing or revoking a prenup

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

Two other chapter 123A rules affect older agreements:

• Deadlines are paused during the marriage. "Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party" (NRS 123A.100).
• Void marriages. If a marriage is determined to be void, the agreement is enforceable only to the extent necessary to avoid an inequitable result (NRS 123A.090).

Postnuptial agreements in Nevada

Chapter 123A covers agreements between prospective spouses made in contemplation of marriage. Agreements between people who are already married fall under NRS chapter 123. NRS 123.070 allows either spouse to enter into contracts with the other respecting property, subject "to the general rules which control the actions of persons occupying relations of confidence and trust toward each other."

Other chapter 123 sections recognize these agreements. NRS 123.220(1) lets "An agreement in writing between the spouses" override the community property rule, and NRS 123.080 allows spouses to agree to an immediate separation and provide for support during it. This page does not cover the standards Nevada courts apply when a postnuptial agreement is challenged.

Community property and divorce

Nevada is a community property state. Under NRS 123.220, property acquired after marriage by either or both spouses is community property, other than separate property described in NRS 123.130, unless otherwise provided by a written agreement between the spouses, a decree of separate maintenance, NRS 123.190, or a decree or written agreement under NRS 123.259. In a divorce, NRS 125.150(1)(b) calls for an equal disposition of community property unless the court finds a compelling reason otherwise. A written agreement between the spouses is one of the exceptions NRS 123.220 lists; see Nevada divorce laws.

Disclaimer: This article provides general legal information about premarital agreements under Nevada law, mainly NRS chapter 123A. It is not legal advice and is not a template for an agreement. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Nevada.

Related

• Prenuptial agreement laws in every state
• Nevada divorce laws
• Nevada alimony laws
• Nevada child custody laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups enforceable in Nevada?

Yes. NRS chapter 123A, Nevada's Uniform Premarital Agreement Act, enforces a written premarital agreement signed by both parties unless the challenging party proves one of the defenses in NRS 123A.080.

Does a Nevada prenup have to be notarized?

NRS 123A.040 requires a premarital agreement to be in writing and signed by both parties; it does not mention notarization or witnesses.

Can a Nevada prenup waive alimony?

NRS 123A.050(1)(d) allows the parties to modify or eliminate spousal support, but under NRS 123A.080(2) a court may still order support to the extent needed to keep a spouse off public assistance.

Can a prenup decide child support in Nevada?

No. NRS 123A.050(2) provides that the right of a child to support may not be adversely affected by a premarital agreement.

Is there a deadline to enforce a prenup in Nevada?

Under NRS 123A.100, any statute of limitations on an action asserting a claim for relief under a premarital agreement is tolled during the marriage, but equitable defenses limiting the time for enforcement, including laches and estoppel, remain available to either party.

Can a Nevada prenup be changed after the wedding?

Yes, but only by a written agreement signed by both spouses, which is enforceable without consideration (NRS 123A.070).