[Rev. 2/10/2015 4:19:19
PM--2014R2]
CHAPTER 123A - PREMARITAL AGREEMENTS
(UNIFORM ACT)
NRS 123A.010 Short
title.
NRS 123A.020 Application
and construction.
NRS 123A.030 Definitions.
NRS 123A.040 Formalities.
NRS 123A.050 Content.
NRS 123A.060 Effect
of marriage.
NRS 123A.070 Amendment
and revocation.
NRS 123A.080 Enforcement:
Generally.
NRS 123A.090 Enforcement:
Void marriage.
NRS 123A.100 Limitation
of actions.
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NRS 123A.010 Short title. This
chapter may be cited as the Uniform Premarital Agreement Act.
(Added to NRS by 1989, 1003)
NRS 123A.020 Application and construction. This
chapter shall be applied and construed to effectuate its general purpose to
make uniform the law with respect to the subject of this chapter among states
enacting.
(Added to NRS by 1989, 1003)
NRS 123A.030 Definitions. As
used in this chapter, unless the context otherwise requires:
1. “Premarital agreement” means an
agreement between prospective spouses made in contemplation of marriage and to
be effective upon marriage.
2. “Property” means an interest, present
or future, legal or equitable, vested or contingent, in real or personal
property, including income and earnings.
(Added to NRS by 1989, 1003)
NRS 123A.040 Formalities. A
premarital agreement must be in writing and signed by both parties. It is
enforceable without consideration.
(Added to NRS by 1989, 1003)
NRS 123A.050 Content.
1. Parties to a premarital agreement may
contract with respect to:
(a) The rights and obligations of each of the
parties in any of the property of either or both of them whenever and wherever
acquired or located;
(b) The right to buy, sell, use, transfer,
exchange, abandon, lease, consume, expend, assign, create a security interest
in, mortgage, encumber, dispose of, or otherwise manage and control property;
(c) The disposition of property upon separation,
marital dissolution, death, or the occurrence or nonoccurrence of any other
event;
(d) The modification or elimination of alimony or
support or maintenance of a spouse;
(e) The making of a will, trust or other
arrangement to carry out the provisions of the agreement;
(f) The ownership rights in and disposition of
the death benefit from a life insurance policy;
(g) The choice of law governing the construction
of the agreement; and
(h) Any other matter, including their personal rights
and obligations, not in violation of public policy or a statute imposing a
criminal penalty.
2. The right of a child to support may not
be adversely affected by a premarital agreement.
(Added to NRS by 1989, 1003)
NRS 123A.060 Effect of marriage. A
premarital agreement becomes effective upon marriage.
(Added to NRS by 1989, 1004)
NRS 123A.070 Amendment and revocation. After
marriage, a premarital agreement may be amended or revoked only by a written
agreement signed by the parties. The amended agreement or the revocation is
enforceable without consideration.
(Added to NRS by 1989, 1004)
NRS 123A.080 Enforcement: Generally.
1. A premarital agreement is not
enforceable if the party against whom enforcement is sought proves that:
(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.
(Added to NRS by 1989, 1004)
NRS 123A.090 Enforcement: Void marriage. 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.
(Added to NRS by 1989, 1004)
NRS 123A.100 Limitation of actions. 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.
(Added to NRS by 1989, 1004)