When Do You Need a Prenuptial Agreement in Nebraska?
So you got engaged to your better half and now looking forward to a wedding, congratulations! But have you thought about the fate of your assets should your marriage end abruptly? While most couples enter a civil union for a lifetime, divorce or death may occur midway, ending the marriage. That's why prenuptial agreements are essential before a wedding.
A Nebraska prenuptial agreement is a legal contract that couples draft and sign before marriage and becomes active when they legally marry. In the agreement, couples will usually define their responsibilities over their assets and liabilities. Moreover, couples agree on how they will share their assets if they divorce.
Prenuptial agreements remain enforceable unless revoked by the couples or if their marriage becomes void. Read on for more about the benefits of a Nebraska prenuptial agreement and what may render it unenforceable.
Do You Need a Prenuptial Agreement?
Contrary to what many people think, prenuptial agreements are not a recipe for divorce. Instead, they help dedicated couples define their financial obligations and rights during marriage and have a route out in case of death or divorce.
Here’s what a Nebraska prenuptial agreement can help you solve:
- Your rights and obligations in separate and marital property.
- Your rights to sell, buy, transfer, control, and manage property in the marriage.
- How you’ll share liabilities and assets during death, separation, or divorce.
- Whether you’ll receive spousal support following separation or divorce.
- The disposition of benefits accruing from life insurance policies.
- The legal jurisdiction within which to enforce the agreement.
When Do You Need a Premarital Agreement?
Prenup agreements are crucial if you intend to enter marriage with your spouse. It helps you regulate your financial obligations at critical stages of your marriage, namely:
- When you separate or divorce
- When your spouse passes away
- During your matrimony
Can You Enforce a Nebraska Prenuptial Agreement?
All norms guiding prenup agreements exist in chapter 42 (sections 42-1001 to 42-1011) of the revised statutes. Under section 42-1005, your agreement becomes valid and enforceable once you enter a marriage.
Besides the legal norms, section 42-1006 of Nebraska's revised codes highlights why a prenup can become unenforceable.
Couples must present the agreement in writing, agree on the outlined legal obligations, and sign it before enforcement. According to section 42-1005, you can omit notaries, although the partners' signatures determine the contract's effectiveness.
The courts may not accept prenup agreements that uphold domestic violence or compel you to take responsibility for your spouse’s debt before marriage.
Like most states, the Nebraska Uniform Prenuptial Agreement Act does not include couples’ preferences for child custody or support. A judge will review the child’s interest and determine if either couple will secure the child's custody.
Similarly, couples cannot negotiate a child's support in a prenup agreement. Therefore, couples may allow the court to decide on the child's support based on the couples' income.
Can the Court Overturn a Nebraska Prenuptial Agreement?
A prenup contract remains enforceable until you revoke it. But section 42-1006 highlights grounds under which your agreement can become unenforceable.
For instance, insufficient disclosure of information about assets and liabilities may render the contract invalid. In addition, if either party entered the contract under fraud, duress, or misrepresentation, it could also become unenforceable.
Other reasons the court may overturn a prenuptial agreement:
Signing a prenup contract requires the assistance of a professional marriage attorney. The court may have reasonable grounds to render the contract unofficial and void without an attorney.
A legally accepted premarital contract does not grant one spouse an unfair advantage over the other. Instead, it is accurate, law-abiding, and uses the appropriate legal language to capture the interests of both couples.
Are you looking forward to a civil union soon? Do not hesitate to download a copy of the Nebraska prenuptial agreement form from our website.