(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.
Notes of Decisions
Cited in
14
cases (
5 in the last 5 years), 2000–2026 · leading case:
Edwards v. Edwards, 744 N.W.2d 243 (Neb. Ct. App. 2008).
Edwards v. Edwards, 744 N.W.2d 243 (Neb. Ct. App. 2008).
· cites it 13× “See § 42-1004(1). The enforceability of premarital agreements is governed by § 42-1006, which in relevant part provides: (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…”
Simons v. Simons, 978 N.W.2d 121 (Neb. 2022).
· cites it 2× “§ 42-1004 (Reissue 2016) permits parties to a premarital agreement to contract with respect to, among other things, “The rights and obligations of each of the parties in any of the prop- erty of either or both of them whenever and wherever acquired or located” and “[t]he…”
Cook v. Cook, 26 Neb. Ct. App. 137 (Neb. Ct. App. 2018).
· cites it 2× “) Neb. Rev. Stat. § 42-1004 (Reissue 2016).”
Devney v. Devney, 886 N.W.2d 61 (Neb. 2016).
“23 §§ 42-1004 and 42-1006. 24 Unif. Premarital & Marital Agreements Act, 9C U.”
Seemann v. Seemann, 316 Neb. 671 (Neb. 2024).
· cites it 2× “§ 42-1004 (Reissue 2016) permits parties to a premarital agreement to contract with respect to, among other things, “[t]he 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” and “[t]he…”
In re Est. of McConnell, 28 Neb. Ct. App. 303 (Neb. Ct. App. 2020).
· cites it 2× “” Neb. Rev. Stat. § 42-1004 (Reissue 2016).”
Seemann v. Seemann, 318 Neb. 643 (Neb. 2025).
· cites it 2× “18 Section 42-1004 permits parties to a premarital agreement to contract with respect to, among other things, “[t]he rights and obliga- tions of each of the parties in any of the property of either or both of them whenever and wherever acquired or located” and “[t]he disposition…”
Dibuono-Gonzalez v. Gonzalez, 32 Neb. Ct. App. 881 (Neb. Ct. App. 2024).
· cites it 2× “§ 42-1004 (Reissue 2016) permits parties to a premarital agreement to contract with respect to, among other things, “[t]he rights and obligations of each of the par- ties in any of the property of either or both of them when- ever and wherever acquired or located” and “[t]he…”
Rosberg v. Rosberg (Neb. Ct. App. 2019).
· cites it 3× “Neb. Rev. Stat. § 42-1004 (1) (Reissue 2016) provides a list of matters for which the parties may contract through a premarital agreement; significantly, child custody is not listed, and § 42-1004(2) also provides that the right of a child to support may not be adversely…”
Cook v. Cook, 26 Neb. Ct. App. 137 (Neb. Ct. App. 2018).
· cites it 2× “) Neb. Rev. Stat. § 42-1004 (Reissue 2016).”
— Neb. Rev. Stat. § 42-1004(1) — 1 case
Edwards v. Edwards, 744 N.W.2d 243 (Neb. Ct. App. 2008).
“See § 42-1004(1). The enforceability of premarital agreements is governed by § 42-1006, which in relevant part provides: (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…”
— Neb. Rev. Stat. § 42-1004(1)(d) — 1 case
Edwards v. Edwards, 744 N.W.2d 243 (Neb. Ct. App. 2008).
“See § 42-1004(1). The enforceability of premarital agreements is governed by § 42-1006, which in relevant part provides: (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…”
— Neb. Rev. Stat. § 42-1004(2) — 1 case
Rosberg v. Rosberg (Neb. Ct. App. 2019).
“Neb. Rev. Stat. § 42-1004 (1) (Reissue 2016) provides a list of matters for which the parties may contract through a premarital agreement; significantly, child custody is not listed, and § 42-1004(2) also provides that the right of a child to support may not be adversely…”
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