Amendment to Prenuptial or Premarital Agreement
Sometimes there are areas of law about which Uniform Acts
are written and adopted by the various states. Premarital Agreements
is such as area of law. The NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM
STATE LAWS adopted the final version of the Uniform Premarital Agreement
Act in 1983. Since that date, the act, as modified by the various
states, has been adopted in the following states: Arizona, Arkansas, California,
Connecticut, Delaware, District of Columbia, 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 and Virginia. At the heart of the act is the provision which
provides that such an agreement is generally valid if in writing and sets
forth the factors to consider if the agreement is challenged.
Nebraska Statutes
Act, how cited:
Sections 42-1001 to 42-1011 shall be known and may be cited as the Uniform Premarital Agreement
Act. Source: Laws 1994, LB 202, § 1.42-1001.
Definitions:
As used in the Uniform Premarital Agreement Act:
(1) Premarital agreement means an agreement
between prospective spouses made in contemplation of marriage and to be
effective upon marriage.
(2) Property means an interest, present or future, legal or equitable,
vested or contingent, in real or personal property, including income and
earnings. Source: Laws 1994, LB 202, § 2.42-1002.
Formalities:
A premarital agreement must be in writing and signed by both parties. Source: Laws 1994, LB 202, §
3.42-1003.
Content:
(1) Parties to a premarital agreement
may contract with respect to:
(a) The rights and obligations
of each of the parties in any of the property of either or both of them
whenever and wherever acquired or located;
(b) The right to buy, sell, use, transfer, exchange, abandon, lease,
consume, expend, assign, create a security interest in, mortgage, encumber,
dispose of, or otherwise manage and control property;
(c) The disposition of property upon separation, marital dissolution,
death, or the occurrence or nonoccurrence of any other event;
(e) The making of a will, trust, or other arrangement, to carry
out the provisions of the agreement;
(h) Any other matter, including their personal rights and obligations,
not in violation of public policy or a statute imposing a criminal penalty.
(2) The right of a child to support may not be adversely affected
by a premarital agreement. Source: Laws 1994, LB 202, § 4.42-1004.
Effect of marriage:
A premarital agreement becomes effective upon marriage. Source: Laws 1994, LB 202, § 5.42-1005.
Enforcement:
(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves
that:
(b) The agreement was unconscionable when it was executed and,
before execution of the agreement, that party:
(2) If a provision of a premarital agreement modifies or eliminates
spousal support and that modification or elimination causes one party to
the agreement to be eligible for support under a program of public assistance
at the time of separation or marital dissolution, a court, notwithstanding
the terms of the agreement, may require the other party to provide support
to the extent necessary to avoid that eligibility.
(3) An issue of unconscionability of a premarital agreement shall
be decided by the court as a matter of law. Source: Laws 1994, LB 202,
§ 6.42-1006.
Enforcement; void marriage:
If a marriage is determined to be void, an agreement that would otherwise have been a
premarital agreement is enforceable only to the extent necessary to avoid
an inequitable result. Source: Laws 1994, LB 202, § 7.42-1007.
Limitation of actions:
Any statute of limitations applicable to an action asserting a claim for relief under a premarital
agreement is tolled during the marriage of the parties to the agreement.
However, equitable defenses limiting the time for enforcement, including
laches and estoppel, are available to either party. Source: Laws 1994,
LB 202, § 8.42-1008.
Application and construction:
The Uniform Premarital Agreement Act shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the subject of
the act among states enacting it. Source: Laws 1994, LB 202, § 9.42-1009.
Severability:
If any provision of the Uniform Premarital Agreement Act or its application to any person or circumstance
is held invalid, the invalidity does not affect other provisions or applications
of the act which can be given effect without the invalid provision or application,
and to this end the provisions of the act are severable. Source: Laws 1994,
LB 202, § 10.42-1010.
Time of taking effect:
The Uniform Premarital Agreement Act takes effect on July 16, 1994, and applies to any premarital
agreement executed on or after that date. Source: Laws 1994, LB 202, §
11.42-1011.
Advantages of premarital agreements for both parties:
Avoiding Litigation Costs
Protecting against Fears of Family Members
Protecting Family Assets
Protecting Business Assets
Protection Against Creditors
Child Custody and Support Guidlines
Predetermined Disposition of Property
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Disclaimer: This law summary is not legal advice.
If you are not an attorney, you should consult an attorney about serious
legal matters.
