Prenuptial agreements allow couples to state their rights and responsibilities to property during their marriage and divorce without being subject to the state’s laws on that matter. These agreements can be incredibly complex, and couples must meet specific legal requirements and provide full disclosure to each other. The creation of a prenuptial agreement is much easier and more likely to be valid with the support of a marital agreement attorney in Lincoln.
There are several misconceptions about prenuptial agreements, including the idea that they are never enforced by the court. This is not the case. If prenups follow contract law and the Uniform Premarital Agreement Act, the court will enforce them.
What Are the Benefits of An Attorney?
Nebraska does not require couples who are creating a prenup to have legal representation, but it is still in a couple’s interest to work with an attorney. Benefits of hiring an attorney include:
1.Legal Experience
Attorneys who practice family law and have experience with marital agreements have likely drafted prenuptial agreements before. They know the legal guidelines in the state and which laws may apply to your unique circumstances. An attorney is aware of the basic legal requirements of a prenup, such as the disclosure of all assets and obligations.
Your attorney may also have knowledge of common practices when it comes to drafting a prenuptial agreement, including what often works or doesn’t work for couples.
2.Creating an Enforceable Agreement
When you and your partner create a prenuptial agreement, you do so to address important finances, including how to handle property during your marriage and how to divide that property if you divorce. This agreement saves people significant time and money in the process of their divorce; however, if the agreement is not enforceable, you may not reap those benefits.
Working with an attorney can give you more confidence that your agreement will be in compliance with the laws of your state. An attorney knows what is required to make an enforceable prenup. While you and your partner may work hard to make a fair and valid agreement, it is much more time-consuming and difficult to do alone. An attorney can review your agreement to determine if the court is likely to enforce it.
3.Protecting Your Rights
During negotiations, you and your partner are ideally working together to create a prenup that meets both your financial needs, is fair, and helps you navigate property rights. Unfortunately, even when you are working together, agreements can unintentionally be made unfair. In other situations, a partner may try to only protect their assets.
In either situation, having legal representation can protect your rights and future financial stability by ensuring fairness.
4.A Personalized Agreement for Your Needs
Prenuptial agreements should apply to your specific needs, such as your types of assets or your children’s inheritance rights. Working with an attorney enables you to get that personalized prenup that addresses your property and personal needs, as well as that of your partner and the rest of your family.
5.Improving Communication and Negotiations
Whether you and your partner create your prenuptial agreement with a mediator-attorney or separate attorneys, this objective and knowledgeable support can make negotiations much easier. Attorneys can facilitate discussions and help you and your partner find solutions to any complex issues.
6.Getting Your Questions Answered
Working with an attorney means that you can ask questions throughout the process and have them answered, giving you additional peace of mind. If you and your partner are not sure how to handle certain matters, such as spousal maintenance after a divorce or protecting specific property so that it remains in your family, an attorney can walk you through your options. This helps you make better-informed decisions and create a solid prenup.
FAQs
Q: How Long Does It Take to Negotiate a Prenup?
A: The amount of time it takes to negotiate a prenup depends on the ability of a couple to compromise and communicate as well as the complexity of their assets. Lengthy negotiations are not always bad. Fiancés can take time to ensure both of their needs are met and ensure their rights and responsibilities are clear.
More complex assets may cause the process to take longer, especially those that require professional evaluation. Working with a skilled attorney can help speed up the process and facilitate communication.
Q: What if My Partner Won’t Agree to a Prenuptial Agreement?
A: If your partner doesn’t agree to a prenuptial agreement, you may want to talk with them about their concerns regarding the agreement. Many of the benefits of a prenuptial agreement come from partners being able to discuss financial needs and concerns, and this may be something your partner is not comfortable with. There are also numerous preconceived notions about prenups that your partner may believe, such as a prenup indicating thoughts of divorce.
Q: What Cannot Be Included in a Prenuptial Agreement in Nebraska?
A: In Nebraska, a prenuptial agreement cannot:
- Adversely affect a child’s right to support
- Include terms that are in violation of public policy
- Include terms that violate a criminal offense statute
- Require the modification or elimination of spousal support if that provision results in one of the spouses being eligible for public assistance
Typically, a prenuptial agreement cannot make any decisions for children in advance of a custody or support case, as those choices must be made based on the child’s interests at that time.
Q: What Voids a Prenuptial Agreement in Nebraska?
A: A prenuptial agreement in Nebraska may be voided or unenforceable if it is not in writing and signed by both parties, it was not signed voluntarily, such as signing under duress or by force, or the agreement was unconscionable when it was made, and the following is true:
- There was not a fair disclosure of the other spouse’s assets and debts.
- The right to this disclosure was not waived in writing.
- The spouse could not reasonably have or did not have knowledge of the other spouse’s property and obligations.
Contact Stange Law Firm in Lincoln
There are many couples who could benefit from drafting a prenuptial agreement before their marriage. The sense of financial stability and communication about important financial issues can even make your relationship stronger. When you need skilled legal support to help you draft or review a prenuptial agreement, contact Stange Law Firm.
