Premarital Agreements

It is becoming more common for spouses to enter into Premarital Agreements, particularly in the event of a second marriage.  Nebraska recognizes premarital agreements provided they are fair, not unconscionable and based upon full disclosure between the parties.  These requirements are spelled out in the Uniform Premarital Agreement Act which became part of Nebraska law in 1994.  Recent cases in Nebraska have pointed out the importance of having Premarital Agreements executed sufficiently in advance of the wedding so that it does not appear that a spouse is being unduly forced into signing such an agreement.  A recent case in Nebraska has also determined that post-marital contracts are void as against public policy and will not be enforced.  In either case, if you have a Premarital Agreement or a Post-Marital Agreement, you should bring it to our attention immediately at the beginning of the case.  Our office routinely reviews and prepares Premarital Agreements for clients.

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