True" Music, a prenuptial agreement or prenup for short, is a contract between two people who are preparing to get married. It determines how their property will be divided in the case of a divorce. In Nebraska, this contract is also called a pre-marital agreement. In this video, we'll cover what prenuptial agreements are, how Nebraska law handles them, and how to draft a prenup that won't get thrown out of court. Make sure that you watch to the end of this video so you can download a fillable prenup template. Prenups used to be taboo, but today our society and courts acknowledge that divorce happens. So, these contracts are increasingly becoming a common feature of a couple's financial plan. Prenups can determine arrangements for all property assets, obligations, and debts. However, they cannot be the final word on child custody or child support. These matters are decided by the court, which is legally mandated to protect the child's best interests. Nebraska adopted the Uniform Pre-Marital Agreement Act, written in 1983, to standardize prenup laws across the country. Under this law, a prenup will hold up in court if it meets a few criteria. First, both parties have to have entered into the agreement voluntarily. They need to demonstrate a complete and correct understanding of the other party's financial situation at the time of signing. In order to be legally enforceable, the prenup also has to be unconscionable, which means it's basically and fundamentally fair. We know from Nebraska case law that a prenup can still be upheld even if some provisions are declared unconscionable. However, this isn't the case in every state. Making sure your prenup is conscionable is important. There are a few ways that you can do this. A judge might consider a prenup signed just before the wedding...
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