Free Nebraska Prenuptial Agreement Template

A Nebraska prenuptial agreement is an agreement between prospective spouses, made in contemplation of marriage, that takes effect on marriage. Nebraska adopted the Uniform Premarital Agreement Act in 1994.

The Act sits in chapter 42 of the Revised Statutes. Helpfully, the Legislature’s official site adds court annotations that explain it.

The Challenge Test

Section 42-1006(1) lets the partner opposing the agreement defeat it by proving involuntary signing. Alternatively, they can prove unconscionability at signing. In that case, they must also show three gaps: no fair disclosure, no written waiver of more, and no adequate knowledge of the other’s finances.

Either way, according to the annotations, the partner opposing enforcement carries the burden of proof.

Disclosure Alone Isn’t Enough

The annotations also note that a lack of fair disclosure, by itself, doesn’t make the agreement unenforceable. Nor does one unconscionable part automatically sink the whole agreement.

Support Terms

Meanwhile, the annotations indicate the Act’s spousal support provision reaches both temporary and permanent support. Separately, § 42-1006(2) lets a court order support if a waiver would leave a spouse eligible for public assistance.

Courts may weigh several factors. The Nebraska Supreme Court listed them in Mamot v. Mamot (2012), as summarized in the official annotations:

• Coercion from signing close to the wedding, or from a surprise presentation
• Whether independent counsel was present or available
• Unequal bargaining power, sometimes shown by age or sophistication
• Whether each partner fully disclosed assets
• Each partner’s understanding of the rights waived, or at least the agreement’s purpose

A Nebraska prenuptial agreement signed early, with counsel available and full disclosure, answers most of those questions up front.

One more annotation matters for estate planning. In In re Estate of McConnell (2020), the court addressed wrongful death proceeds. A premarital agreement doesn’t waive them unless its language specifically says so.

1. Circulate the first draft well ahead. Avoid presenting it close to the wedding or by surprise.
2. Encourage independent counsel. Each partner should have a real chance to get advice.
3. Disclose assets fully. Attach a written schedule.
4. Explain the rights involved. Confirm each partner understands what they’re giving up.
5. Finally, sign in writing. Keep a record of when each partner received the draft.

A Nebraska prenuptial agreement usually addresses:

• Each partner’s separate property
• Earnings and property acquired during the marriage
• Temporary and permanent spousal support
• Estate rights, including wrongful death proceeds if intended
• A statement of each partner’s understanding
• An attached asset schedule
• Signatures