THE NEVADA MARRIAGE CONTRACT

It is said that marriage is a contract. Under the law, a contract must have three elements: an offer, acceptance and consideration. Traditionally, the groom proposes (the offer), the bride says “yes” (the acceptance), and the two marry (the consideration). To be legally binding upon the parties, a contract also requires a “meeting of the minds” as to its terms. The law presumes that when a couple marry, they know the rights and obligations which arise from their marital contract, but do they? It could be reasonably argued that most people entering into marriage do not understand their marital obligations and the ramifications of those obligations should the marriage end in divorce. Many people, when faced with divorce, are shocked when they learn what the law actually provides. If they truly understood the responsibilities that go along with the marital union, some would likely question whether they want to enter into the marriage contract at all. Those few that do understand the consequences of marriage will typically choose to enter a prenuptial agreement. A prenuptial agreement is, as its name implies, a premarital contract. As part of the prenuptial agreement process, prospective spouses consult with attorneys who explain the laws which govern married persons and how those laws will be implemented in the event of divorce. In drafting the prenuptial agreement, the parties alter the application of the law to their specific marital union and thereby come to a true meeting of the minds with regard to their marital contract.
When you purchase a home, you sign voluminous pages of a contract setting forth your rights and obligations. When you purchase a car there is a detailed contract. Even as something as simple and buying a ticket for a movie involves an express contract printed on the ticket. When it comes to something as important as marriage, however, the law does not require informed consent. Although it would likely never happen, any person applying for a marriage license should be required to take a short seminar on community property law.