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Nebraska Amendment to Prenuptial or Premarital Agreement

Prenuptial Agreement Nebraska With Infidelity Clause

Q: Can you put an infidelity clause in a prenup?

Let&#039;s start with the basics a non-cheating or infidelity clause is just one type of provision that can be added to a prenuptial agreement (prenup). Basically, rather than leaving it up to the fate of a court ruling, a prenup outlines how finances will be split between a couple in the case of a divorce.

Category:

Family Law - Marriage - Property Agreements - Prenuptial Premarital

State:

Nebraska

Control #:

NE-00590-C

Format:

Instant download

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Description

This form is an amendment to a premarital agreement for the State of Nebraska. The parties may use this form to make amendments or additions to an existing premarital agreement. Both parties are required to sign the amendment in the presence of a notary public.

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How to fill out Nebraska Amendment To Prenuptial Or Premarital Agreement?

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FAQ

Agreements signed after the marriage are not valid in Nebraska. Post-nuptial or ante-nuptial agreements are entered into after the parties are married, but they are not recognized in Nebraska.

Let's start with the basics a non-cheating or infidelity clause is just one type of provision that can be added to a prenuptial agreement (prenup). Basically, rather than leaving it up to the fate of a court ruling, a prenup outlines how finances will be split between a couple in the case of a divorce.

Prenuptial Agreement ClausesBackground Section.Property Section.Separate Property Recapture of Real Estate.Current and Future Income and Debt.Spousal Support.Gifts and Inheritance.Debts and Liabilities.Breach.More items...

Adultery can still be listed as a ground (reason) why the divorce was filed, but most states typically will not monetarily sanction a spouse who has been unfaithful, unless the unfaithful spouse spent marital money on a lover, in which case the court could order reimbursement of a portion of that marital money to the

Occasionally, some unusual provisions are included in the prenuptial agreement. One example is one clause imposing a monetary fine if one party had been unfaithful. The fine was reduced if they confessed within 48 hours. It might be good in theory, but legally speaking, it's completely unenforceable.

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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, Â§ 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, Â§ 2.42-1002.

Formalities:

A premarital agreement must be in writing and signed by both parties. Source: Laws 1994, LB 202, Â§ 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;

(d) The modification or elimination of spousal support;

(e) The making of a will, trust, or other arrangement, to carry out the provisions of the agreement;

(f) The ownership rights in and disposition of the death benefit from a life insurance policy;

(g) The choice of law governing the construction of the agreement; and

(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, Â§ 4.42-1004.

Effect of marriage:

A premarital agreement becomes effective upon marriage. Source: Laws 1994, LB 202, Â§ 5.42-1005.

Enforcement:

(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(a) That party did not execute the agreement voluntarily; or

(b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other 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, Â§ 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, Â§ 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, Â§ 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, Â§ 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, Â§ 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, Â§ 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

To order the form, close this window and click the order icon.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

Amendment to Prenuptial or Premarital Agreement

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, Â§ 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, Â§ 2.42-1002.

Formalities:

A premarital agreement must be in writing and signed by both parties. Source: Laws 1994, LB 202, Â§ 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;

(d) The modification or elimination of spousal support;

(e) The making of a will, trust, or other arrangement, to carry out the provisions of the agreement;

(f) The ownership rights in and disposition of the death benefit from a life insurance policy;

(g) The choice of law governing the construction of the agreement; and

(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, Â§ 4.42-1004.

Effect of marriage:

A premarital agreement becomes effective upon marriage. Source: Laws 1994, LB 202, Â§ 5.42-1005.

Enforcement:

(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(a) That party did not execute the agreement voluntarily; or

(b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(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, Â§ 6.42-1006.

Enforcement; void marriage:

Limitation of actions:

Application and construction:

Severability:

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, Â§ 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

To order the form, close this window and click the order icon.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

Prenuptial Agreement Nebraska With Infidelity Clause

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Prenuptial Agreement Nebraska With Infidelity Clause

Description

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How to fill out Nebraska Amendment To Prenuptial Or Premarital Agreement?

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