Under Nevada law, a prenup may be rendered unenforceable in the following situations:
- Lack of Voluntary Consent: A prenup may be rendered unenforceable if one spouse can prove they were coerced or forced into signing the agreement. If a court finds that one spouse did not agree voluntarily, the prenup may be deemed unenforceable. For example, imagine someone being handed a prenup mere days before the wedding after dozens of family and friends have already flown into town and tens of thousands of dollars were already spent on the wedding. In situations like this, Nevada courts oftentimes find that the prenup was not voluntarily entered into. Because of this, prenups should generally be signed at least 21-30 days prior to the wedding date.
- Lack of Full Financial Disclosure: Both spouses must fully disclose their assets, debts, and income to each other before signing a prenup. If one spouse can prove that the other spouse hid assets or debts or did not provide full disclosure, the prenup may be rendered unenforceable.
- Unconscionability: A prenup may be rendered unenforceable if it is found to be grossly one-sided or unconscionable. If a court determines that the prenup is unfair or unreasonable, it may be deemed unenforceable. For example, if one spouse is a multi-millionaire and the prenup leaves the other spouse penniless upon divorce, a prenup could be invalidated to the extent necessary to prevent the penniless spouse from qualifying for public assistance. Why? Nevada law and policy states that a person should support their ex-spouse before the state does.
It's important to note that there may be other situations where a prenup may be rendered unenforceable under Nevada law, and each case is unique. Couples who are considering a prenup should work with an experienced attorney to ensure that their agreement meets the necessary requirements and is enforceable in the event of a divorce.