riblet said:
What is the name of your state?NV
How long are pre-nups valid for( I heard 10 yrs...true?)...also my wife and had a legal seperation(noterized but never filed)about a year and a half to two years ago does that have any effect on the pre-nup.
Nevada law states:
§ 123A.040 Formalities.
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.
§ 123A.060 Effect of marriage.
A premarital agreement becomes effective upon marriage.
***Someone could try to prove it is not enforcible....
§ 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.
§ 123A.100 Limitation of actions.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
