Nev. Rev. Stat. » NRS: CHAPTER 123A - PREMARITAL AGREEMENTS (UNIFORM ACT)
Nevada Revised Statutes

Nev. Rev. Stat. § 123A.080 (2026)

Enforcement: Generally

✓ current as of July 2026
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NRS 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)

     

Notes of Decisions
Cited in 6 cases, 1992–2018 · leading case: Hutchins v. Hutchins, 430 P.3d 502 (Mont. 2018).
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Hutchins v. Hutchins, 430 P.3d 502 (Mont. 2018). · cites it 9× “3d at 830 (citing Nev. Rev. Stat. § 123A.080 ). "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)…”
Fick v. Fick, 851 P.2d 445 (Nev. 1993). · cites it 4× “NRS 123A.080. Under the common law, a prenuptial agreement is enforceable unless it is “unconscionable, obtained through fraud, misrepresentation, material nondisclosure or duress.”
Kantor v. Kantor, 8 P.3d 825 (Nev. 2000). · cites it 2× “NRS 123A.080 provides that: 1. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: *894 (a) That party did not execute the agreement voluntarily; (b) The agreement was unconscionable when it was executed; or (c) Before execution…”
Sogg v. Nevada State Bank, 832 P.2d 781 (Nev. 1992). “See also NRS 123A.080(3). Because the premarital agreement in the instant case was adopted prior to this state’s adoption of the Uniform Premarital Agreements Act (UPAA), this agreement will be found to be enforceable if it either conforms to the requirements of the UPAA or if…”
Gonzales-Alpizar v. Griffith, 2014 NV 2 (Nev. 2014). · cites it 6× “See NRS 123A.080(1) and (2); Sogg, 108 Nev. at 312, 832 P.”
Jones v. Jones, Jr. (Nev. 2016). · cites it 2× “' NRS 123A.080. The no-contest clause in Ted and Kimberly's prenuptial agreement does not violate public policy Although "there is a strong public policy favoring individuals ordering and deciding their own interests through contractual arrangements," equally strong public…”
— Nev. Rev. Stat. § 123A.080(1) — 2 cases
Hutchins v. Hutchins, 430 P.3d 502 (Mont. 2018). “3d at 830 (citing Nev. Rev. Stat. § 123A.080 ). "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)…”
Gonzales-Alpizar v. Griffith, 2014 NV 2 (Nev. 2014). “See NRS 123A.080(1) and (2); Sogg, 108 Nev. at 312, 832 P.”
— Nev. Rev. Stat. § 123A.080(1)(a) — 2 cases
Hutchins v. Hutchins, 430 P.3d 502 (Mont. 2018). “3d at 830 (citing Nev. Rev. Stat. § 123A.080 ). "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)…”
Gonzales-Alpizar v. Griffith, 2014 NV 2 (Nev. 2014). “See NRS 123A.080(1) and (2); Sogg, 108 Nev. at 312, 832 P.”
— Nev. Rev. Stat. § 123A.080(1)(b) — 1 case
Hutchins v. Hutchins, 430 P.3d 502 (Mont. 2018). “3d at 830 (citing Nev. Rev. Stat. § 123A.080 ). "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)…”
— Nev. Rev. Stat. § 123A.080(1)(c) — 1 case
Hutchins v. Hutchins, 430 P.3d 502 (Mont. 2018). “3d at 830 (citing Nev. Rev. Stat. § 123A.080 ). "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)…”
— Nev. Rev. Stat. § 123A.080(1)(c)(1) — 1 case
Hutchins v. Hutchins, 430 P.3d 502 (Mont. 2018). “3d at 830 (citing Nev. Rev. Stat. § 123A.080 ). "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)…”
— Nev. Rev. Stat. § 123A.080(3) — 4 cases
Fick v. Fick, 851 P.2d 445 (Nev. 1993). “NRS 123A.080. Under the common law, a prenuptial agreement is enforceable unless it is “unconscionable, obtained through fraud, misrepresentation, material nondisclosure or duress.”
Sogg v. Nevada State Bank, 832 P.2d 781 (Nev. 1992). “See also NRS 123A.080(3). Because the premarital agreement in the instant case was adopted prior to this state’s adoption of the Uniform Premarital Agreements Act (UPAA), this agreement will be found to be enforceable if it either conforms to the requirements of the UPAA or if…”
Gonzales-Alpizar v. Griffith, 2014 NV 2 (Nev. 2014). “See NRS 123A.080(1) and (2); Sogg, 108 Nev. at 312, 832 P.”
Jones v. Jones, Jr. (Nev. 2016). “' NRS 123A.080. The no-contest clause in Ted and Kimberly's prenuptial agreement does not violate public policy Although "there is a strong public policy favoring individuals ordering and deciding their own interests through contractual arrangements," equally strong public…”
— Nev. Rev. Stat. § 123A.080(l)(c) — 1 case
Fick v. Fick, 851 P.2d 445 (Nev. 1993). “NRS 123A.080. Under the common law, a prenuptial agreement is enforceable unless it is “unconscionable, obtained through fraud, misrepresentation, material nondisclosure or duress.”
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