123A.080 - Enforcement: Generally. - Nevada Statutes

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)