Download Nebraska Postnuptial Agreement Form [PDF]

The Nebraska postnuptial agreement is a legal document that defines the rules on how the parties will manage their marital property during the marriage and how they will divide it in case of a divorce.

The main difference between a postnuptial and a prenuptial agreement is when the parties sign the document. With the prenup agreement, the parties are signing the document before the marriage. However, with the postnup agreement, the parties are signing the document after they get married.

The spouses should draft the postnuptial agreement whenever they have certain assets or liabilities that they want to have different authority over.

Laws and Legal Requirements for a Postnuptial Agreement in Nebraska

The laws and legal requirements for a postnuptial agreement form in Nebraska are outlined in the provisions of state law and court decisions. The court decisions are useful for determining the legality of the postnuptial agreement since they form precedents regarding certain matters connected to the postnuptial agreement.

Section 42-366 of the Nebraska Revised Statute provides that the parties can enter into an agreement that includes the provisions regarding “maintenance of either of them, the disposition of any property owned by either of them and the support and custody of minor children.”

The most important court case for the Nebraska postnuptial agreement is Colson v. Colson (1983). In this case, the court states that “[i]n every case involving the dissolution of a marriage and the division of property, the trial court must examine how the property is being divided, even if by agreement of the parties; the court can only approve the agreement if the court finds the agreement is not unconscionable.”

Signing Requirements for a Postnuptial Agreement in Nebraska

The Nebraska state laws don’t explicitly provide the signing requirements for the Nebraska postnuptial agreement.

However, it is recommended that the parties make the postnuptial agreement in writing and that they both sign the agreement.

Moreover, the parties should also consider notarizing their postnup agreement since it will provide additional confirmation of the document’s authenticity. The parties should sign the document before the notary public, and the notary should identify the parties and confirm that they have personally signed the document. This will prevent any potential fraud in this regard.

Postnuptial Agreement Enforcement in Nebraska

The Nebraska postnuptial agreement must fulfill multiple conditions to be considered enforceable.

The first condition is that both parties sign the agreement voluntarily. This means that the spouses must sign the agreement without influence, fraud, coercion, duress, or any similar manipulation of the spouse's free will.

Additionally, the postnup agreement must include a complete and truthful overview of each party’s financial status. The complete financial status includes a list of all the assets and liabilities the spouses acquired before signing the agreement.

What Can a Postnuptial Agreement in Nebraska Cover?

The postnuptial agreement in Nebraska can cover different matters connected with the management and division of marital property.

Here, you can see some of the matters that are most commonly regulated by the postnuptial agreement template:

Postnuptial Agreement in Nebraska: Validity Criteria

The first validity criteria for the Nebraska postnuptial agreement is connected with the formality criteria set for this kind of agreement. This means that the postnuptial agreement must be made in written form and must be signed by both spouses to be considered valid.

Moreover, the validity of the postnuptial agreement also depends on the existence of the marriage. This means that the spouses must sign the postnup agreement at some point during their marriage for the document to be considered valid.