Free Nevada Postnuptial Agreement Template

A Nevada postnuptial agreement is a written contract spouses sign during the marriage about their property. Because Nevada is a community property state, the agreement often decides which assets stay separate.

A Written Agreement Overrides the Default

All property acquired after marriage by either or both spouses is community property, other than separate property under NRS 123.130. The first listed exception is an agreement in writing between the spouses (NRS 123.220).

Contracts Are Limited to Property

A married couple can’t alter their legal relations by contract with each other except as to property. They may, however, agree to an immediate separation and provide for the support of either spouse and their children during it (NRS 123.080(1)).

Consideration for Separation Terms

The mutual consent of the spouses is sufficient consideration for an agreement described in that section (NRS 123.080(2)).

No Dower or Curtesy

Nevada’s rights-of-married-couples chapter includes a section titled “Curtesy and dower not allowed” (NRS 123.020). So a Nevada postnup deals with community and separate property rather than those older survivor rights.

Yes, through a written agreement. NRS 123.220 treats property acquired during marriage as community property unless an agreement in writing between the spouses provides otherwise.

That makes the writing essential, since the exception is tied to a written agreement between the spouses. Also, the definition covers property acquired after marriage, so list premarital property separately too. A Nevada postnuptial agreement should identify each asset, say whether it’s community or separate, and apply that label going forward if that’s your intent. However, the agreement can’t change legal relations beyond property, so keep other personal terms out of it.

Take these steps for a Nevada postnuptial agreement:

1. Inventory property. List what each spouse owned before marriage and what you’ve acquired since.
2. Classify each asset. State whether it’s community or separate under the agreement.
3. Address future acquisitions. Say how you’ll treat property acquired later.
4. Keep terms to property. Leave out provisions that try to change other legal relations.
5. Exchange full financial information and allow time for independent advice.
6. Make it written and signed. Both spouses sign the final agreement.

Include these items:

• Asset classification — community or separate, item by item
• Future property — the rule for later acquisitions
• Separation and support terms — if you agree to an immediate separation
• Debts — responsibility for each obligation
• Execution lines — each spouse signs and dates