Also known as: premarital agreements · prenuptial agreement · prenup
Written by attorneys — see sources below.
A written agreement between individuals who intend to marry that affirms, modifies, or waives a marital right or obligation during the marriage or upon separation, dissolution, or death. The agreement must be in a record and signed by both parties. Enforcement may be refused if a term was unconscionable when signed or if enforcement would cause substantial hardship due to a material change in circumstances after signing.
Priya Prasad signed a premarital agreement with Pierce Patterson that eliminated all spousal support. Five years later Pierce lost his high-paying job and developed a chronic illness that prevented him from working. Priya now seeks support. The court refuses to enforce the support waiver because enforcement would cause substantial hardship due to the material change in circumstances after the agreement was signed.
Phoebe Park signed a premarital agreement with Parker Phillips before their marriage. After Parker died Phoebe claimed an elective share despite the agreement. The court examines whether the agreement was properly formed and whether any statutory protections for the surviving spouse were satisfied before deciding if the waiver bars the claim.
In 1987, California residents Maria and W.R. Prestie were married in Las Vegas, Nevada. Maria and W.R. were divorced two years later yet maintained an amiable relationship. W.R. was later diagnosed with macular degeneration and moved to Las Vegas, where he purchased a condominium. Maria also moved to Las Vegas, although she initially resided in a separate residence. In 1994, W.R. simultaneously executed in California a pour-over will and the W.R. Prestie Living Trust. The pour-over will devised W.R.’s entire estate to the trust. W.R.’s son, appellant Scott Prestie, was named both the trustee and a beneficiary of the inter vivos trust. Neither the will nor the inter vivos trust provided for Maria. As W.R.’s sight worsened, Maria provided care for W.R. by taking him to his doctor appointments, cooking, and cleaning his condominium. In 2000, Maria moved into W.R.’s condominium to better assist him with his needs. In 2001, W.R. amended the inter vivos trust to grant Maria a life estate in his condominium upon his death. A few weeks later, Maria and W.R. were married for a second time. W.R. passed away approximately nine months later. Maria eventually petitioned the district court for, among other things, a one-half intestate succession share of W.R.’s estate on the ground that W.R.’s will was revoked as to her under NRS 133.110. The probate commissioner found that W.R.’s will was executed before he remarried Maria in 2001 and that the amendment granting Maria a life estate in the condominium was to the inter vivos trust, not to W.R.’s will. The probate commissioner also concluded that, under NRS 133.110, W.R. and Maria did not have a marriage contract and W.R.’s will did not provide for Maria or express an intent to not provide for Maria. Therefore, the probate commissioner recommended that W.R.’s will be revoked as to Maria. The district court subsequently entered an order adopting the probate commissioner’s report and recommendations, and Scott Prestie appeals.
View caseThe agreement must be in a record and signed by both parties. No separate consideration is required. Electronic records and signatures can satisfy these requirements when they create a retrievable document and show clear intent to authenticate the terms.
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…chapter 571 (1985 and Supp. 1992); (7) the right to spousal support pursuant to HRS § 572-24 (1985); (8) the right to enter into premarital agreements under HRS chapter 572D (Supp. 1992); (9) the right to change of name pursuant to HRS § 574-5(a)(3) (Supp. 1992); (10) the right to file a nonsupport action under HRS chapter 575 (1985 and…
Majority opinion Opinion of the Court FLAHERTY , Justice. At issue in this appeal is the validity of a prenuptial agreement executed between the appellant, Catherine E. Walsh Simeone, and the appellee, Frederick A. Simeone. At the time of their marriage, in 1975, appellant was a twenty-three year old nurse and…
…has remarried the testator, could suffer unintentional disinheritance.”). : See also NRS 123A.030 (stating that a premarital agreement is “an agreement
The agreement is unenforceable if the party proves she lacked access to independent counsel. Access requires a reasonable time before signing to decide whether to retain counsel, locate a lawyer, obtain advice, and consider it. The other party must be represented and the unrepresented spouse must either be able to afford counsel or have the represented spouse agree to pay reasonable fees.
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The agreement must contain either the conspicuous statutory notice of waiver or a plain-language explanation of the rights being modified or waived. A short bolded sentence or vague paragraph is insufficient. The explanation must cover rights to support, property ownership, payment of debts, and rights upon divorce or death.
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Adequate disclosure requires a reasonably accurate description and good-faith estimate of the other party's property, liabilities, and income. Omitting major liabilities or current valuations renders disclosure inadequate. A party may expressly waive further disclosure in a separate signed record or show she already had adequate knowledge.
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A court refuses enforcement when consent was involuntary or the result of duress. Last-minute presentation coupled with threats to cancel the wedding or withhold benefits creates duress by leaving the party with no reasonable alternative. Prior oral discussions do not eliminate the coercive effect of the threats at signing.
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