Omaha Prenuptial Agreements Lawyer

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.

Enforceability extends to how well-prepared the document is, which emphasizes the importance of engaging in comprehensive discussions during its formulation. It is advisable for both parties to seek independent legal counsel to ensure that the prenup is both fair and balanced, avoiding future disputes.

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 that prevent a spouse from prosecuting domestic violence or that 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.

Another crucial aspect to examine in the context of enforceability is the timing of disclosure. Full and frank disclosure of financial situations is paramount. The nearer the agreement is signed to the wedding date, the greater the scrutiny it may undergo in terms of voluntariness and fairness.

A lot of people think that premarital agreements are for the wealthy 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.

Prenuptial agreements also foster open communication between partners as they articulate their financial goals and expectations. This early dialogue can significantly contribute to a stable and understanding marriage. Moreover, prenups can protect family businesses and any associated interests, forming a crucial safeguard for family legacy protection.

Disadvantages of Prenuptial Agreements

• Maybe one day you want to have kids together. Premarital agreements can’t be used to determine child supportor href="/practice-areas/custody-and-parenting-time/">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.

While prenuptial agreements offer significant protections, they can complicate an emotional relationship if not approached carefully. The process of negotiating a prenup can sometimes lead to misunderstandings or conflicts if not managed transparently and respectfully, potentially leading to strained relationships before marriage. Therefore, open dialogue and proper negotiation strategies are essential.

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 UPAA provides a standardized framework ensuring prenuptial agreements are recognized across state lines, making it essential for couples who may move from one state to another. Understanding the state-specific requirements under the UPAA can significantly affect the drafting and enforceability of a prenuptial agreement, ensuring its validity.

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

Postnuptial Agreements & Their Advantages with Omaha Postnuptial Agreement Lawyer

While many are familiar with prenuptial agreements, postnuptial agreements are also valuable tools for married couples in Nebraska. These agreements allow spouses to outline financial arrangements and asset distributions after the marriage has commenced. Such agreements can provide clarity and adjust to changes in circumstances, such as a significant increase in income, the acquisition of new assets, or the birth of children, making them a flexible option for couples seeking to protect their interests.

In Omaha, executing a postnuptial agreement requires similar considerations as prenuptial agreements. Ensuring full disclosure of financial circumstances and that both parties willingly participate in the drafting process is crucial. Postnuptial agreements can redefine asset ownership or revise property divisions and debt allocations agreed upon earlier. Importantly, these agreements can specifically address how business interests or trust funds are divided, ensuring business continuity and financial stability. Working with an experienced postnuptial agreement attorney in Omaha can help tailor these documents to suit your unique situation, ensuring they meet Nebraska's legal standards.

FAQ About Prenuptial and Postnuptial Agreements

What Are Common Misunderstandings About Prenuptial Agreements?

One common misunderstanding is that prenuptial agreements are only for the wealthy. In reality, any couple, regardless of financial status, can benefit from a prenup. Such agreements are designed to protect assets and liabilities and outline financial responsibilities during the marriage. Another misconception is that prenups imply a lack of trust or an intention to divorce, while they actually serve as preventative tools to minimize disputes should the marriage end. Understanding that prenups promote clarity and open communication can dispel these misconceptions.

How Do I Know If a Prenuptial Agreement Is Right for Me?

Consider a prenuptial agreement if you have significant assets, children from a previous marriage, or expect to receive a substantial inheritance. Prenups are beneficial for those who own businesses or are partners in a family business, ensuring protection and continuity. Evaluating personal circumstances and future financial expectations with your partner can help determine the necessity and benefit of a prenuptial agreement. Discussing this with a knowledgeable attorney can provide insight into how a prenup can be tailored to your interests.

What Can and Cannot Be Included in a Postnuptial Agreement?

Postnuptial agreements can cover many financial aspects, such as the division of property, debt allocation, and spousal support terms. However, they cannot determine child custody or child support arrangements, as such decisions are left to the courts based on the child’s best interests. When drafting a postnuptial agreement, ensure that both parties are transparent about their financial situations and engage in fair negotiations to create a legally binding and balanced document.

What Are the Steps Involved in Drafting a Prenuptial or Postnuptial Agreement?

Initiating a prenuptial or postnuptial agreement begins with open discussions between partners about their financial goals and concerns. Both parties should obtain independent legal counsel to guide them through the process. Key steps involve full disclosure of assets and debts, defining clear terms for property division, and setting guidelines for financial responsibilities and any spousal support. Collaborating with an experienced attorney ensures the agreement is comprehensive and adheres to Nebraska’s legal requisites, helping prevent future disputes.

Why Choose Slowiaczek Albers & Whelan for Prenuptial and Postnuptial Agreements?

Slowiaczek Albers & Whelan stands out in Omaha with a dedicated team of family law attorneys with vast experience in drafting prenuptial and postnuptial agreements. Our collaborative approach ensures that your unique circumstances are considered, and your legal documents are tailored to protect your best interests. By maintaining active involvement in law education and local legal communities, we stay informed on all developments that could impact our clients. Our commitment to ethical practice and client-centered service makes us a reliable choice when considering an agreement.

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.

Moreover, considering a postnuptial agreement can also be beneficial for couples already married but seeking to address changes in financial circumstances or asset protection. Postnuptial agreements can be tailored to reflect your evolving life situation, ensuring that both parties' interests are protected. Whether you are considering a prenup or postnup, having knowledgeable legal counsel can make this complex process smoother and more amicable.

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