Omaha Premarital Agreements

Understanding the Enforceability of Prenuptial Agreements

To be enforceable, a prenuptial contract must be in writing and signed by both spouses before marriage. The agreement won’t take effect until a couple actually marries. In any case, whether a couple is wealthy or not, prenuptial agreements could be useful in simplifying divorce proceedings in general and giving spouses financial security.

Essential Rules for Prenuptial Contracts in Nebraska

There are a few rules a prenup will always follow. For instance, Nebraska courts will not uphold provisions in prenuptial contracts which prevent a spouse from prosecuting domestic violence or which force one spouse to assume the other’s premarital debts. Nevertheless, agreements that exclude one spouse from inheriting upon the other’s death are almost always enforced.

Note that premarital contracts cannot predetermine a child custody or visitation schedule. A judge will make the final decision on custody by evaluating a child’s best interests reviewed at the time of a custody proceeding, but not before. Moreover, although parents can resolve many financial questions in a prenuptial agreement, they cannot resolve child support. Support belongs to the child and is not the parents’ right to contract away in a premarital agreement. Like custody, child support is evaluated based upon the child’s needs and the parents’ income at the time of separation or divorce. Any parental attempts to resolve child support in a prenup will be viewed as infringing on a child’s rights. 

Be aware that basic contract rules apply to prenuptial agreements in Nebraska. Specifically, any agreement must be signed by the future spouses and put in writing. A couple must reach an agreement before marriage, though prenuptial agreements can be amended down the road as long as any amendments are written and signed by the spouses. Note that if a couple never marries, their premarital agreement isn’t enforceable.

A prenuptial agreement will likely be upheld if the following factors are present:

• each spouse signed the agreement voluntarily;
• the agreement is not unconscionably fair at the time it was signed;
• each spouse fully disclosed their assets and debts;
• each spouse has reasonable knowledge or could have obtained reasonable knowledge of the other’s financial situation; and
• the terms of the agreement don’t promote divorce.

Keep in mind premarital agreements must be voluntarily signed and reasonably fair. For example, in one Nebraska case the court determined that a spouse had not signed the agreement voluntarily because they were given the agreement just hours before the wedding. Although the spouse signed the agreement, they were unfairly pressured into doing so.

A lot of people think that premarital agreements are for the wealthy or people or people with high-value assets. While it’s true that many wealthier people do choose to use marital agreements to protect their assets before they’re married, an agreement can be made by any couple who wants to use it as a cushion.

If you’re considering signing a prenup, here’s what you need to know.

Benefits and Drawbacks of Prenuptial Agreements

You may not think it’s necessary to get a prenup before saying “I do,” but there are some reasons to consider one. The following is information on how prenuptial agreements can and cannot benefit you.

Advantages of Prenuptial Agreements

• You should get a prenup if you can’t agree on finances. Prenups can be used to decide and agree on financial matters that have caused issues in your relationship.
• If you and your significant other can’t agree on how to handle your finances in your relationship now, an agreement can help you control the outcome of what happens with your money during your marriage and in the event of a divorce.
• Prenups can be used to protect an inheritance. Maybe your family left something very special to you. A premarital agreement can help keep your inheritance in your family.

Disadvantages of Prenuptial Agreements

• Maybe one day you want to have kids together. Premarital agreements can’t be used to determine child support or custody. If you have kids and get divorced in the future, consult with your attorney about how child custody and child support should be worked out with your spouse.
• Additionally, it is possible to sign a prenup without a lawyer. A premarital agreement can dramatically affect your rights in a divorce. Signing a prenup without a lawyer present can prevent you from receiving certain entitlements.

Nebraska's Uniform Premarital Agreement Act (UPAA)

The Nebraska Uniform Premarital Agreement Act, commonly known as just the Uniform Premarital Agreement Act (UPAA), is a multi-state law that was created in 1983 to govern premarital agreements in order to create more consistency across states. The UPAA was adopted by 28 states.

The 28 states that adopted the UPAA include: District of Columbia, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Virginia, and Wisconsin

Contact a Trusted Attorney for Prenuptial Agreement Guidance

Most prenuptial agreements are upheld, though there are nuances to be aware of before signing one. Prenuptial agreements can affect a partner’s rights and responsibilities during marriage and even after a spouse's death or divorce. If you have legal questions or are considering signing a prenuptial agreement, contact an experienced prenuptial agreement attorney at Slowiaczek Albers & Whelan for legal guidance. Our legal team can work with you to draft the terms of your prenup to protect your best interests.

For more information on prenuptial agreements in Omaha, call (402) 928-2007 or submit a contact form here.