For a premarital agreement to be enforceable in Nebraska it must be in writing and signed by both parties prior to the marriage. However, the agreement won’t actually take effect until the marriage of the parties. Agreements signed after the marriage are not valid in Nebraska. Post-nuptial or ante-nuptial agreements are entered into after the parties are married, but they are not recognized in Nebraska.
The general requirements to enforce a prenuptial agreement in Nebraska are as follows:
both parties must sign the agreement';
the signing of the agreement must be voluntary (not under force of threat, fraud, or coercion);
the agreement must not be unconscionable (unfair) when it was signed; and
prior to the signing of the agreement each party must be given disclosure of the property and financial obligations of the other party or waive the right, in writing, to such disclosure or have reasonable knowledge, or could have obtained reasonable knowledge, of the other’s financial situation,.
Nebraska law also sates that if the agreement modifies or eliminations spousal support (alimony), which causes one party to e eligible for support under a program of public assistance at the time of separation or dissolution, the court may find such a clause void and provide support to one party, to the extent necessary to avoid eligibility under a state aid program.
There are also some things that could affect the validity of a premarital agreement and make it unenforceable. Here are some things that might make a prenuptial agreement unenforceable:
the agreement was not signed by both of the parties;
the agreement was not signed prior to the marriage of the parties;
the language in the agreement is unclear;
the agreement was singed under coercion or threat by one or both of the parties; or
the agreement is unconscionable (unfair) when signed;
a court could find a premarital agreement unconscionable if there was not a full and complete disclosure of debts and assets of one or both of the parties.
If any portion of a prenuptial agreement is found to be invalid, the validity of such portion of the agreement does not necessarily make the entire agreement invalid. Ultimately it is up to the court presiding over the legal separation or divorce of the parties to determine if the agreement is valid and enforceable if the is a dispute among the parties.
If you would like to have a prenuptial agreement drafted, contact Stephanie Flynn Law or call (402) 325-8469 for experienced legal help.