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How a Premarital Agreement Can Benefit You
Premarital agreements are being discussed more openly and confidently between engaged couples. A premarital agreement is a contract that you can use to protect your interests like, finances, properties, and businesses.
In some cases, people are using them to solve issues as a just-in-case measure to protect themselves in the event of a divorce.
Getting a premarital agreement, or prenuptial agreement doesn’t necessarily mean your fiancé doesn’t trust you with their money or assets or vice versa. It just means that you and your partner may have possessions you would like to keep for yourself or your family and control who has access to them.
What is a Premarital Agreement?
A premarital agreement in Nebraska is an agreement made between a couple before getting married. The agreement is a contract that would need to be signed by both parties and can protect you and your fiancé’s financial interests after marriage.
Prenups are legally binding agreements, and a family law attorney can be instrumental in helping clients put their requests in writing. The agreement doesn’t go into effect until after you’re married. You should talk to your fiancé and make the decision together while weighing the pros and cons of getting a premarital agreement.
Who Can Get a Premarital Agreement?
There are some circumstances where you may feel a premarital agreement is the best option for you. People get them for different reasons and you don’t necessarily need to be in a certain financial situation in order to get one.
Previously Divorced
For example, if you’ve been married and divorced before, and the divorce didn’t go as you planned, you may feel that a premarital agreement is a right choice for you. An agreement can help you keep control of certain assets that you would want to keep safe and close, especially if there’s some sentimental value.
Wealth and Valuable Property
Another instance a divorce could benefit you is if you and your spouse are wealthy, or maybe you’re the wealthy partner and you would like to see your finances protected in the future. Wealthy partners who own their own businesses and have valuable assets like houses, cars, or other items, can use a marital agreement as a barrier between having to divide property while you’re divorced.
However, some premarital agreements can be re-negotiated during the divorce process depending on the situation. An attorney can better explain to you how your assets would be affected if you were to get a divorce.
What’s Actually Covered in a Premarital Agreement?
Your premarital agreement can replace the need to take a divorce to trial in court. The agreement can be decided upon before you get married and the issues that you would take to the court for a judge to decide in a divorce would already be covered.
A premarital agreement can help resolve issues related to:
You and your partner’s rights to separate and marital property.
Your rights to buy, sell and manage who controls your property during the marriage.
Your rights to your partner’s death benefits.
Your rights to spousal support, how much, and for how long you receive support.
Any other issue you and your spouse can agree with before getting married.
While just about anything can be negotiated, there are still grounds for enforcement of premarital agreements in Nebraska.
How are Premarital Agreements Enforced?
Premarital agreements have the same basic contract rules as any other contract in Nebraska. However, they can be changed and amended as needed as long as you and your partner have a written and signed agreement. If you and your fiancé never get married, then the agreement wouldn’t be enforceable.
Like any other contract, premarital agreements should be signed voluntarily and they must be fair to some extent.
How Can A Family Law Attorney Help Me?
In Nebraska, premarital agreements can come with some complications if you don’t rely on an attorney who is experienced in writing contracts. Our attorneys at Slowiaczek Albers & Whelan know the law and have experience in regularly helping engaged couples with agreements.
Reach our skilled and dedicated attorneys at (402) 928-2007 to answer your questions about premarital agreements!