The Nebraska Uniform Premarital Agreement Act: What You Need to Know
If you`re considering getting married in Nebraska, it`s important to know about the Nebraska Uniform Premarital Agreement Act (NUPAA). This act outlines the legal framework for premarital agreements in Nebraska. Here`s what you need to know about it.
What is a premarital agreement?
A premarital agreement, also known as a prenuptial agreement or prenup, is a legal agreement that a couple enters into before getting married. This agreement outlines how certain assets and debts will be divided in the event of a divorce or separation.
What does the Nebraska Uniform Premarital Agreement Act do?
The Nebraska Uniform Premarital Agreement Act sets guidelines for premarital agreements in Nebraska. It ensures that these agreements are valid and enforceable under certain conditions. This act also outlines what can and cannot be included in a premarital agreement.
What can be included in a premarital agreement?
Under the Nebraska Uniform Premarital Agreement Act, a premarital agreement can include provisions for:
– The division of property in the event of a divorce or separation.
– The payment of spousal support or alimony in the event of a divorce or separation.
– The disposition of property upon the death of one spouse.
– Any other matter that is not against public policy.
What cannot be included in a premarital agreement?
The Nebraska Uniform Premarital Agreement Act prohibits the inclusion of certain provisions in a premarital agreement. These include:
– Any provisions that would encourage divorce or separation.
– Any provisions that would violate public policy or a criminal law.
– Any provisions that would waive a party`s right to spousal support or alimony if that waiver would cause the other party to become a public charge.
– Any provisions that would be unconscionable at the time of execution because a party did not voluntarily and expressly agree to them.
What are the requirements for a valid premarital agreement in Nebraska?
Under the Nebraska Uniform Premarital Agreement Act, a premarital agreement is valid if:
– It is in writing and signed by both parties.
– It is entered into voluntarily and without coercion or duress.
– Both parties have had an opportunity to consult with an attorney of their choice.
– The agreement is not unconscionable at the time of execution.
Conclusion
If you`re considering a premarital agreement in Nebraska, it`s important to know about the Nebraska Uniform Premarital Agreement Act. This act sets guidelines for premarital agreements to ensure that they are valid and enforceable. Be sure to consult with an experienced attorney to help you navigate the premarital agreement process and ensure that your agreement meets all legal requirements.