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NRS 123.080

Contract altering legal relations: Separation agreement; consideration; introduction in evidence in divorce action

Applied in 6 court decisions — leading case Day v. Day (1964)

Most recently applied in MIZRACHI VS. MIZRACHI (CHILD CUSTODY) (September 2016)

[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)

How often courts cite this section

196219701980199020002010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.