Neb. Rev. Stat. » Chapter 42
Nebraska Revised Statutes

Neb. Rev. Stat. § 42-1004 (2026)

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✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(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).
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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× “23 A constructive trust is imposed when one has acquired legal title to property under such circumstances that he or she may not in good conscience retain the beneficial interest in the property.”
Cook v. Cook, 918 N.W.2d 1 (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, 6 N.W.3d 502 (Neb. 2024). · cites it 2× “SEEMANN nonoccurrence of any other event.” As a contract, an antenuptial agreement is governed by the same principles that are applicable to other contracts, but is subject to the particular statutory requirement that an antenuptial agreement must be based on fair disclosure.”
Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “); Nebraska, Neb. Rev. Stat. Ann. § 42-1004 (1)(d) (West, Westlaw through 1st Reg.”
In re Est. of McConnell, 943 N.W.2d 722 (Neb. Ct. App. 2020). · cites it 2× “If a contract is unambiguous, the intent of the parties must be determined from the contents of the contract.”
In Re Marriage of Pendleton & Fireman, 5 P.3d 839 (Cal. 2000). · cites it 2× “§ 40-2-605); Nebraska (Neb.Rev.Stat. § 42-1004); Nevada (Nev.Rev.”
Seemann v. Seemann, 18 N.W.3d 118 (Neb. 2025). · cites it 2× “” 19 A premarital agreement is governed by the same principles that are applicable to other contracts but is subject to the particular statutory requirement that a premarital agreement must be based on fair disclosure.”
Rosberg v. Rosberg, No. A-17-909, 2019 WL 1906234 (Neb. Ct. App. Apr. 30, 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).”
Patach v. Patach, No. A-25-349 (Neb. Ct. App. Jan. 27, 2026). · 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…”
Show all 14 citing cases →
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, No. A-17-909, 2019 WL 1906234 (Neb. Ct. App. Apr. 30, 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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