NRS
123.080 Contract altering legal relations: Separation agreement;
consideration; introduction in evidence in divorce action.
1. A married couple cannot by any contract
with each other alter their legal relations except as to property, and except
that they may agree to an immediate separation and may make provision for the
support of either of them and of their children during such separation.
2. The mutual consent of the parties is a
sufficient consideration for such an agreement as is mentioned in subsection 1.
3. In the event that a suit for divorce is
pending or immediately contemplated by one of the spouses against the other,
the validity of such agreement shall not be affected by a provision therein
that the agreement is made for the purpose of removing the subject matter
thereof from the field of litigation, and that in the event of a divorce being
granted to either party, the agreement shall become effective and not
otherwise.
4. If a contract executed by a married
couple, or a copy thereof, be introduced in evidence as an exhibit in any
divorce action, and the court shall by decree or judgment ratify or adopt or
approve the contract by reference thereto, the decree or judgment shall have
the same force and effect and legal consequences as though the contract were
copied into the decree, or attached thereto.
[20:119:1873; A 1935,
194; 1953,
235] + [21:119:1873; B § 171; BH § 519; C § 530; RL § 2175; NCL §
3375]—(NRS A 2017,
761)
Notes of Decisions
Cited in
11
cases, 1962–2016 · leading case:
Joslin v. Comm'r, 52 T.C. 231 (Tax Ct. 1969).
Joslin v. Comm'r, 52 T.C. 231 (Tax Ct. 1969).
· cites it 6× “The statutes of Nevada authorize a husband and wife to alter their respective property rights by contract and further to enter into a separation agreement providing for the support of either of them " during such separation .”
Ballin v. Ballin, 371 P.2d 32 (Nev. 1962).
· cites it 6× “080(4)) reading: “If a contract executed by a husband and wife, or a copy thereof, be introduced in evidence as an exhibit in any divorce action, and the court shall by decree or judgment ratify or adopt or approve the contract by reference thereto, the decree or judgment shall…”
Day v. Day, 395 P.2d 321 (Nev. 1964).
· cites it 2× “2d 32 , we mentioned the uncertainty which developed in Nevada case law before the 1953 enactment of NRS 123.080(4), 3 as to the legal effect of a divorce decree which, among other things, “adopted” an agreement.”
Cord v. Neuhoff, 573 P.2d 1170 (Nev. 1978).
“” 3 NRS 123.080; formerly N.C.L. 3374: “A husband and wife cannot by any contract with each other alter their legal relations except as to property, and except that they may agree to an immediate separation and may make provision for the support of either of them .”
Bailey v. Bailey, 471 P.2d 220 (Nev. 1970).
“Accordingly, we urge caution in making child support awards enforceable against a father’s estate and suggest that other available methods be utilized until such time as the legislature acts.”
Rush v. Rush, 460 P.2d 844 (Nev. 1969).
“NRS 123.080 provides as follows: “CONTRACT ALTERING LEGAL RELATIONS: SEPARATION AGREEMENT; CONSIDERATION; INTRODUCTION IN EVIDENCE IN DIVORCE ACTION.”
Mizrachi v. Mizrachi, 2016 NV 66 (Nev. 2016).
· cites it 2× “by mutual consent"); see also NRS 123.080(1) (providing that parents can continued on next page.”
Mizrachi v. Mizrachi (Nev. 2016).
· cites it 2× “by mutual consent"); see also NRS 123.080(1) (providing that parents can continued on next page.”
Schmidt v. Schmidt (Nev. 2013).
“Levitt, Settlement Judge Mills & Mills Renee Schmidt Eighth District Court Clerk 'We decline to consider appellant's argument that the transcript was incorporated into the divorce decree pursuant to NRS 123.080, as appellant failed to raise that argument before the district…”
— Nev. Rev. Stat. § 123.080(1) — 4 cases
Mizrachi v. Mizrachi, 2016 NV 66 (Nev. 2016).
“by mutual consent"); see also NRS 123.080(1) (providing that parents can continued on next page.”
Mizrachi v. Mizrachi (Nev. 2016).
“by mutual consent"); see also NRS 123.080(1) (providing that parents can continued on next page.”
— Nev. Rev. Stat. § 123.080(4) — 6 cases
Day v. Day, 395 P.2d 321 (Nev. 1964).
“2d 32 , we mentioned the uncertainty which developed in Nevada case law before the 1953 enactment of NRS 123.080(4), 3 as to the legal effect of a divorce decree which, among other things, “adopted” an agreement.”
Ballin v. Ballin, 371 P.2d 32 (Nev. 1962).
“080(4)) reading: “If a contract executed by a husband and wife, or a copy thereof, be introduced in evidence as an exhibit in any divorce action, and the court shall by decree or judgment ratify or adopt or approve the contract by reference thereto, the decree or judgment shall…”
Mizrachi v. Mizrachi, 2016 NV 66 (Nev. 2016).
“by mutual consent"); see also NRS 123.080(1) (providing that parents can continued on next page.”
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