Nebraska Prenuptial Agreement Form

You cannot guarantee that your marriage will last forever. It could be full of scandals and even end up in a divorce. To ensure a decent security level for your assets, consider signing the Nebraska prenuptial agreement with your future spouse. This guide will help you learn more about prenuptial agreements.

Such agreements are a convenient tool for potential newlyweds to regulate crucial aspects of their lives: money, income, mutual and personal properties, and obligations. The documents can regulate people’s financial relationships:

  • After they split up or get divorced (if they do). Divorce procedures become shorter and less exhausting if ex-partners have previously agreed on the ways of property division.
  • After one of the partners passes away or becomes disabled (if another partner does not at the same time). A spouse who is grieving after such a tragedy may also face disputes with relatives who claim the deceased person’s estate. If spouses have signed the contract together, it is much easier to clarify who should get what.
  • During matrimony. A prenup is an excellent method to govern mutual assets and daily questions (housekeeping spending, taxation, banking transactions, and other things).

The topic of such agreements used to associate with numerous prejudices. People have not quite understood why these agreements make sense and why it is necessary to sign them.

Those who have insisted on signing have been called cheap or stupid. Nowadays, it becomes increasingly popular because spouses are less dependent on each other, and divorce cases are higher than ever before.

It is crucial to understand that prenuptial agreements never relate to children. All decisions on child care are made in court, and partners cannot affect them by signing documents. The court should determine what is best for your kid(s).

Although prenup agreements’ structure and content remain the same in all American states, the state laws might vary. When partners draw their template, firstly, they should ensure that they understand state laws. If there is any confusion, we recommend consulting local lawyers who will answer all your questions.

We also recommend using our advanced form-building software that lets you get any required legal template in a few seconds. The proper Nebraska prenuptial agreement form is on the list of available templates.

Nebraska Prenup Laws and Requirements

In Nebraska, the laws advising on prenup agreements creation are clear and thorough. They conform to the uniform act on the topic that is effective in the majority of American states. Since 1994, all such agreements signed in Nebraska should be done per this act. All norms are incorporated in Chapter 42 of the Nebraska Revised Statutes (Sections 42-1001–42-1011).

Signing Requirements

You can omit notarization or witnesses’ signatures for your agreement in Nebraska; however, its effectiveness is provided by both partners’ signatures (Section 42-1003 of the Nebraska Revised Statutes).

Enforceability

Section 42-1005 addresses the contract’s validity. Your agreement becomes effective at the moment you get married.

Section 42-1006 lists the reasons why prenups can become unenforceable in Nebraska:

  • the non-consensual signing of the agreement by one of the parties
  • lack of financial disclosures or cheating while disclosing the information about assets and debts.

Court Refusal

If you have violated the rules listed in Section 42-1006, the court can call your agreement unconscionable and make it void. It is also vital to create your agreement in line with the state and federal laws; otherwise, there is a risk of the contract annulment.

What Prenups Can Cover

Section 42-1004 of the Nebraska Revised Statutes protect signatories from mistakes and misconceptions about the authorized prenups’ content. According to this section, you and your partner can regulate:

  • Obligations and rights to all shared or private properties
  • The rights to conduct various operations with properties and liabilities
  • The guidance on how to share properties if partners divorce or one of them dies
  • The law that regulates their agreement
  • The spouses’ support during matrimony and after it ends
  • Miscellaneous conditions, but only those related to their properties and money.

Besides the actions allowed, Section 42-1004 prohibits inserting information about partners’ kids’ support to the agreement.

Published: Feb 25, 2021