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Premarital Agreements (Prenups)

Although Premarital Agreements seem to belong to the “rich and famous”, everyday Nebraskans with premarital assets or possible inheritances may need one.  Some people may want a Premarital Agreement so that they can predetermine how their assets and debts will be treated during a marriage, upon their death, or in the event of a divorce.

 

Premarital Agreements are important financial and estate planning tools.  They must be based on full and fair disclosure of assets and debts.  They are contracts and cannot be based on fraud or duress.  The best practice is to plan and negotiate your Premarital Agreements months before the wedding.

The Process

If you are thinking about a Premarital Agreement, schedule an appointment to discuss your needs and identify your goals.

 

The terms of a Premarital Agreement can include how living expenses will be allocated and paid, how assets will be distributed upon death, alimony and division of marital assets upon divorce.  Premarital Agreements cannot contain provisions that pertain to child custody or child support.

 

If you are the drafting party, the terms of an Agreement will be written and presented to your future spouse.  Your future spouse should have the opportunity to review the agreement with a lawyer and negotiate changes.

 

If you have been presented with a Premarital Agreement, we will review its terms with you and will negotiate on your behalf. 

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