Fick v. Fick

Nevada Supreme Court refused to enforce a prenup waiving alimony because the husband did not attach financial disclosure AT SIGNING — a belated disclosure cannot cure the defect.

Why this case matters

Fick is the leading Nevada case on the timing and adequacy of financial disclosure. For drafters, the practical lesson is unmistakable: the financial schedules go in the document at signing, not added afterward. The case is also why Nevada family law attorneys treat disclosure as a non-negotiable step before signature.

The facts

Bernice voluntarily signed a prenup waiving alimony before marrying Robert. She had an opportunity to consult counsel and was not coerced. But Robert did not attach a financial disclosure to the agreement when she signed it — he attached one a year later and she initialed it.

The holding

The Nevada Supreme Court refused to enforce the agreement. The court held that under Nevada's UPAA, parties owe each other a fiduciary duty of full and fair disclosure AT THE TIME OF SIGNING. A belated disclosure cannot cure the defect. Voluntariness alone does not save a prenup that lacks contemporaneous disclosure.

What it means for you

• Disclosure must be contemporaneous with signing — not before, not after.
• A signed prenup with disclosure attached "later" is vulnerable to invalidation on this basis alone.
• The fiduciary duty between fiancés runs from the moment of engagement.
• Voluntariness and disclosure are separate, independent requirements — both must be satisfied.

Primary source

The full opinion is available at: https://law.justia.com/cases/nevada/supreme-court/1993/22515-1.html

Nevada prenup law in context

Nevada prenups are governed by Nev. Rev. Stat. §§123A.010 to 123A.100 — official statute text. For the full cost breakdown, attorney rate ranges, and procedural requirements, see the Nevada prenup cost guide.

To check whether your specific situation has the kind of risks Fick v. Fick identifies, take the 60-second prenup quiz — it applies Nevada-specific rules to your answers.

A note on legal citation

This page summarizes a published court opinion for educational purposes. We aim for accuracy but recommend reading the primary source linked above for the controlling text. Court opinions can be modified, distinguished, or overruled by later decisions; for current law, consult a family law attorney licensed in Nevada.