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Nevada Prenuptial Agreement Form Download
Nevada Prenuptial Premarital Agreement - Uniform Premarital Agreement...

Prenuptial Agreement Uniform With Immigrant

Category:

Family Law - Marriage - Property Agreements - Prenuptial Premarital

State:

Nevada

Control #:

NV-00590

Format:

Instant download

Description

This Prenuptial Premarital Agreement with Financial Statements form package contains a premarital agreement and financial statements for your state. The agreement can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The agreement describes the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce. These contracts are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.

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How to fill out Nevada Prenuptial Premarital Agreement - Uniform Premarital Agreement Act - With Financial Statements?

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Form popularity

FAQ

Nuptial agreements and the Form I-864.It is very common for sponsored immigrants to sign a nuptial agreement. Often this happens before the person completes the immigration process. For example, someone might come to the U.S. on a K-1 visa, then be forced to sign a prenuptial agreement before getting married.

864 Enforcement: Prenups Cannot Stop a Green Card Holder From Getting Financial Support From Their Sponsor. Also available on Linkedn. Lilly was very excited to marry Phillip and move to America. Phillip was going to sponsor her immigration to the US and Lilly would start a new life.

In the U.S., courts have discretion to recognize foreign prenuptial agreements and will generally do so unless the agreement is found to be unconscionable or one that otherwise frustrates public policy.

The most fundamental reason why people enter into premarital agreements is for security and reassurance. People feel more secure knowing what will happen in the event of death or divorce. For example, personal and financial decisions are much harder to make during a stressful divorce without a premarital agreement.

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Nevada Prenuptial Premarital Agreement - Uniform Premarital Agreement Act - with Financial Statements

Sometimes there are areas of law about which Uniform Acts are written and adopted by the various states. Premarital Agreements is such an area of law. The NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS adopted the final version of the Uniform Premarital Agreement Act in 1983. Since that date, the act, as modified by the various states, has been adopted in the following states: Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah and Virginia. At the heart of the act is the provision which provides that such an agreement is generally valid if it is in writing and sets forth the factors to consider if the agreement is challenged.

Nevada Statutes

Short title: This chapter may be cited as the Uniform Premarital Agreement Act. (Added to NRS by 1989, 1003) NRS 123A.010

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.020

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.030

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.040

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.050

Effect of marriage: A premarital agreement becomes effective upon marriage. (Added to NRS by 1989, 1004) NRS 123A.060

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.070

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

(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.080

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.090

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) NRS 123A.100

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs

Protecting against Fears of Family Members

Protecting Family Assets

Protecting Business Assets

Protection Against Creditors

Child Custody and Support Guidelines

Predetermined Disposition of Property

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Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.