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Nevada Revocation of Premarital or Prenuptial Agreement

Las Vegas Nevada Revocation of Premarital or Prenuptial Agreement

Category:

Family Law - Marriage - Property Agreements - Prenuptial Premarital

State:

Nevada

City:

Las Vegas

Control #:

NV-00590-E

Format:

Instant download

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Description

A husband and wife may use this form to revoke an existing premarital agreement. The agreement is also binding on their executors, administrators, legal representatives, successors, and assigns.

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FAQ

A prenuptial agreement may be found invalid for the following reasons: It includes provisions for child support and custody of unborn children. There is less than full financial disclosure by one or both parties. It includes provisions that are blatantly unfair to one party.

Contact a Prenuptial Agreement Attorney A prenuptial agreement can be voided in California for many reasons. This is why you should work with an attorney to create your document, to avoid mistakes that could make it unenforceable.

A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.

Be a written contract?no verbal agreements. Have lawful terms within the prenup. Include the signatures from both parties. Must be signed voluntarily (can't involve coercion, duress, intimidation, or deceit)

If you and your spouse decide that you no longer want your prenuptial agreement, you can cancel it by using a Release of Marital Agreement. You and your spouse must both sign the document and it must be notarized by a public notary for the cancellation to be valid.

When it comes to monetary assets, a prenup can also protect the future earnings of one or both parties so they are not up for grabs during a divorce.

The law does not allow a couple to include any terms regarding child custody, visitation or support in a prenuptial or postnuptial agreement. This is because a judge will make these decisions in a divorce case based on the child's best interests.

Enforcing Prenuptial Agreements in Nevada under NRS 123A. Under Nevada law, a premarital agreement entered into before October 1, 1989, is enforceable if the agreement conforms with either the requirements of NRS Chapter 123A, the Uniform Premarital Agreement Act (?UPAA?), or Nevada common law.

Unconscionability Invalidates a Prenuptial Agreement One party signed the agreement involuntarily or not by choice. One party demonstrates that the other party did not divulge all relevant information. One party can prove he/she was not allowed access to an attorney before signing the prenup.

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Revocation of Premarital or Prenuptial Agreement

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.