Nevada Revised Statutes 123A.080 – Enforcement: Generally
1. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
Terms Used In Nevada Revised Statutes 123A.080
- Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See Nevada Revised Statutes 123A.030
- Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See Nevada Revised Statutes 123A.030
(a) That party did not execute the agreement voluntarily;
(b) The agreement was unconscionable when it was executed; or
(c) Before execution of the agreement, that party:
(1) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
2. If a provision of a premarital agreement modifies or eliminates alimony or support or maintenance of a spouse, and that modification or elimination causes one party to the agreement to be eligible for support under a program of 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.
3. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.