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The Nebraska prenuptial agreement is a legal document used between two future spouses with the goal of defining their financial relationship. The parties will usually outline all of their assets and liabilities acquired before the marriage and define what will be part of their individual property and what they will include in the marital property.
The prenup agreement can also include rules on how the partners will manage the property acquired during the marriage. Finally, the parties can use the prenuptial agreement after marriage to divide the marital property in the event of marriage dissolution or divorce.
Laws and Legal Requirements for a Prenuptial Agreement in Nebraska
Nebraska has adopted the Uniform Premarital Agreement Act and incorporated it into its state legislature. Sections 42-1001 to 42-1011 of the Nebraska Statute regulate the prenuptial agreement form. The Nebraska state law refers to the prenuptial agreement as the premarital agreement.
Section 42-1002 defines the prenuptial agreement as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
Signing Requirements for a Prenuptial Agreement in Nebraska
The state law, Section 42-1003, provides that the prenuptial agreement must be made in writing. Moreover, it requires both parties to sign the prenuptial agreement form.
The parties should also consider notarizing their agreement. This is not set as a requirement by the state law, but it can benefit both parties to the agreement. The notary public will confirm the identity of the parties and confirm that they have personally signed the agreement. This increases the authenticity of the document and prevents potential fraudulent activities.
Prenuptial Agreement Enforcement in Nebraska
The court can declare a part or the whole document unenforceable if one of the parties proves that:
Prenuptial Agreement Enforcement Conditions
They have signed the prenuptial agreement against their will
The other party hasn’t provided complete information about their assets and liabilities before signing the agreement
Moreover, if the agreement cancels or modifies the right to spousal support to the extent that one party becomes eligible for support under a program of public assistance, the court can cancel this provision and order one party to support the other.
What Can a Prenuptial Agreement in Nebraska Cover?
When filling out the Nebraska prenuptial agreement template, the parties can include the following provisions:
Provisions in a Prenuptial Agreement
The rights and obligations of each party in terms of their individual property
Rights and obligations of each party in terms of the property acquired during the marriage, especially the right to sell, buy, mortgage, lease, expend, assign, and manage the property
Rules on how marital property will be divided in case of separation, marriage dissolution, death, or any other similar event
Matters regarding spousal support and alimony
Matters regarding the will, trust, or other arrangements for the purpose of carrying out the provisions of the prenuptial agreement
The choice of law governing the construction of the agreement
The parties are free to include any provision in the agreement as long as it doesn’t violate state law and is in line with public policy. Additionally, the prenuptial agreement cannot regulate the right of a child to support.
Prenuptial Agreement in Nebraska Validity Criteria
The Nebraska prenuptial agreement must be in line with the formality criteria set by the state law. This means that the parties must make the agreement in writing and must both sign the document.
Moreover, Section 42-1007 provides that if the marriage is declared void, the prenuptial agreement will be valid only to the extent necessary to avoid an inequitable result. This means that the agreement will be valid only in situations where the property won’t be allocated to any of the spouses if it wasn’t for the prenuptial agreement.