Nebraska
Nebraska Prenuptial Agreement Laws: Requirements and Enforcement
Independently fact-checked against primary sources (last audited October 8, 2026). · 10 primary sources cited on this page. How we verify our legal content
Nebraska has adopted the Uniform Premarital Agreement Act, Neb. Rev. Stat. 42-1001 to 42-1011. A premarital agreement "must be in writing and signed by both parties" (42-1003), takes effect on marriage (42-1005), and is not enforced if the challenging spouse proves involuntary signing or the act's unconscionability-and-disclosure test (42-1006).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers premarital agreements under Nebraska's Uniform Premarital Agreement Act, Neb. Rev. Stat. 42-1001 to 42-1011, with a note on property division under 42-365 and 42-366. It does not cover postnuptial agreements, Nebraska case law on premarital agreements, the general statute of frauds, agreements signed before July 16, 1994, which fall outside the act (42-1011), or other states' law. It is not a drafting guide.
Which law governs prenups in Nebraska?
Neb. Rev. Stat. 42-1001 provides: "Sections 42-1001 to 42-1011 shall be known and may be cited as the Uniform Premarital Agreement Act."
The act has eleven sections: 42-1001 (how the act is cited), 42-1002 (definitions), 42-1003 (formalities), 42-1004 (content), 42-1005 (effect of marriage), 42-1006 (enforcement), 42-1007 (enforcement when a marriage is void), 42-1008 (limitation of actions), 42-1009 (application and construction), 42-1010 (severability) and 42-1011 (time of taking effect). Under 42-1011, the act took effect on July 16, 1994, and applies to premarital agreements signed on or after that date. This page does not cover agreements signed earlier.
Requirements for a valid Nebraska prenup
Neb. Rev. Stat. 42-1003 states: "A premarital agreement must be in writing and signed by both parties."
Section 42-1003 does not mention notarization, witnesses or consideration. This page does not cover whether other Nebraska statutes, such as the general statute of frauds, add requirements; a Nebraska lawyer can advise on how a specific agreement should be signed.
The agreement does not operate before the wedding. Under 42-1005, "A premarital agreement becomes effective upon marriage."
When a Nebraska court will not enforce a prenup
Neb. Rev. Stat. 42-1006(1) places the burden on the spouse who wants to avoid the agreement. The agreement "is not enforceable if the party against whom enforcement is sought proves" one of two things.
1. Involuntary signing. "(a) That party did not execute the agreement voluntarily."
2. Unconscionability plus a disclosure failure. The second ground requires every one of these elements:
"(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."
The elements are joined by "and." Under the statute's text, an agreement that was unconscionable when signed is still enforced under this ground if the challenging spouse received fair disclosure, waived disclosure in writing, or had or could reasonably have had adequate knowledge of the other's finances.
Under 42-1006(3), "An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law."
Independent lawyers and timing
None of the eleven sections of Nebraska's act requires that each party have a separate lawyer, or sets a waiting period between receiving the agreement and signing it. This page does not cover how Nebraska courts assess whether an agreement was signed voluntarily under 42-1006(1)(a). A lawyer licensed in Nebraska can draft or review an agreement.
Waiving alimony in a Nebraska prenup
The act limits how far a support waiver can go. Under 42-1006(2), if a provision modifying or eliminating spousal support would leave a spouse eligible for public assistance, "a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility." For how alimony works without an agreement, see Nebraska alimony laws.
What a prenup cannot do in Nebraska
A premarital agreement cannot reduce what a child is owed. Neb. Rev. Stat. 42-1004(2) states: "The right of a child to support may not be adversely affected by a premarital agreement." Terms on other matters are allowed only if they do not violate public policy or a statute imposing a criminal penalty (42-1004(1)(h)), and support waivers have the limits described above. This page does not cover how Nebraska treats agreement terms on custody or parenting time.
Changing or cancelling a prenup after the wedding
Nebraska's enactment of the uniform act does not include a section on amending or revoking a premarital agreement after marriage; the eleven sections are listed above. This page does not cover how Nebraska courts treat a later change or cancellation. Ask a Nebraska lawyer before relying on any amendment or revocation.
If the marriage is void
Neb. Rev. Stat. 42-1007 provides: "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."
Time limits for enforcing a prenup
Neb. Rev. Stat. 42-1008 provides: "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."
Postnuptial agreements
This page does not cover agreements signed after the wedding. Ask a Nebraska lawyer how an agreement signed during the marriage is treated.
How Nebraska divides property without a prenup
Nebraska is not a community-property state. Under 42-366(8), "If the parties fail to agree upon a property settlement which the court finds to be conscionable, the court shall order an equitable division of the marital estate." Alimony and property division are considered separately (42-365). A premarital agreement is how couples set different terms. See Nebraska divorce laws.
Disclaimer: This article provides general legal information about premarital agreements under Nebraska's Uniform Premarital Agreement Act, Neb. Rev. Stat. 42-1001 to 42-1011. It is not legal advice and is not a template or drafting guide. The information was verified on 2026-10-08, and the law can change. For advice about a specific agreement, consult a lawyer licensed in Nebraska.
Related
- Prenuptial agreement laws in every state
- Nebraska divorce laws
- Nebraska alimony laws
- Nebraska child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Are prenups enforceable in Nebraska?
Yes, under the Uniform Premarital Agreement Act, Neb. Rev. Stat. 42-1001 to 42-1011, for agreements signed on or after July 16, 1994 (42-1011). A court will not enforce one if the challenging spouse proves involuntary signing or the unconscionability-and-disclosure test in 42-1006(1).
Does a Nebraska prenup need to be notarized?
Neb. Rev. Stat. 42-1003 requires a writing signed by both parties and does not mention notarization. A Nebraska lawyer can advise whether a particular agreement should be notarized or witnessed.
Do both people need a lawyer for a prenup in Nebraska?
None of the sections of Nebraska's Uniform Premarital Agreement Act, 42-1001 to 42-1011, requires separate lawyers. A lawyer licensed in Nebraska can advise each party.
Can a prenup waive alimony in Nebraska?
It can modify or eliminate spousal support, but if that would leave a spouse eligible for public assistance, a court may require support to the extent needed to avoid that eligibility (42-1006(2)).
Can a Nebraska prenup limit child support?
No. Neb. Rev. Stat. 42-1004(2) provides that the right of a child to support may not be adversely affected by a premarital agreement.
Is there a deadline to challenge a prenup in Nebraska?
Any statute of limitations on a claim under the agreement is tolled during the marriage, but laches and estoppel remain available to either party (42-1008).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 42: HOUSEHOLDS AND FAMILIES
§ 42-1006EnforcementIn force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-1003FormalitiesIn force
A premarital agreement must be in writing and signed by both parties.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-1004ContentIn force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-1008Limitation of actionsIn force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-1007Enforcement; void marriageIn force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 42-366Property settlements; effect; enforcement; modificationIn forcecited in 2 of our articles
(1) To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written property settlement agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the support and custody of minor children. (2) In a proceeding for dissolution of marriage or for legal separation, the terms of the agreement, except terms providing for the support and custody of minor children, shall be binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable. (3) If the court finds the agreement unconscionable, the court may request the parties to submit a revised agreement or the court may make orders for the disposition of property, support, and maintenance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Also relied on in: Legal Separation in Nebraska: How It Works and What Courts Order
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Sources and References
- Neb. Rev. Stat. 42-1001, Act, how cited(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-1011, Time of taking effect(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-1003, Formalities(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-1005, Effect of marriage(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-1006, Enforcement(nebraskalegislature.gov).gov
- Nebraska Revised Statutes, Chapter 42 table of contents(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-1004, Content(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-1007, Enforcement; void marriage(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-1008, Limitation of actions(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 42-366(nebraskalegislature.gov).gov