(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.
(3) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2008–2023 · 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 6× “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 voluntarily; or *254 (b)…”
Cook v. Cook, 918 N.W.2d 1 (Neb. Ct. App. 2018).
· cites it 2× “The UPAA broadly allows prospective spouses to protect their interests during a marriage and in contemplation of a divorce through a premarital agreement.”
In re Est. of Psota, 297 Neb. 570 (Neb. 2017).
· cites it 9× “7 Section 42-1006 provides in pertinent part: (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 volun- tarily; or (b) The agreement was unconscionable when it was executed and,…”
In re Est. of McConnell, 943 N.W.2d 722 (Neb. Ct. App. 2020).
· cites it 2× “The interpretation of a contract and whether the contract is ambiguous are questions of law subject to independent review.”
Auxier v. Auxier, 995 N.W.2d 446 (Neb. Ct. App. 2023).
· cites it 10× “As the party opposing enforcement of the premarital agreement, Natalie had the burden to prove that the premarital agreement was not enforceable.”
Cook v. Cook, 26 Neb. Ct. App. 137 (Neb. Ct. App. 2018).
· cites it 2× “2d 243 (2008) (citing Neb. Rev. Stat. § 42-1006 (1) (Reissue 2016)).”
Rosberg v. Rosberg, No. A-17-909, 2019 WL 1906234 (Neb. Ct. App. Apr. 30, 2019).
· cites it 2× “” -8- (c) Applicable Law The enforceability of premarital agreements is governed by Neb. Rev. Stat. § 42-1006 (Reissue 2016), which states, in relevant part: (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (a) That party…”
Neb. Rev. Stat. § 42-1006(1): 2 cases
Edwards v. Edwards, 744 N.W.2d 243 (Neb. Ct. App. 2008).
“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 voluntarily; or *254 (b)…”
In re Est. of Psota, 297 Neb. 570 (Neb. 2017).
“7 Section 42-1006 provides in pertinent part: (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 volun- tarily; or (b) The agreement was unconscionable when it was executed and,…”
Neb. Rev. Stat. § 42-1006(1)(a): 1 case
In re Est. of Psota, 297 Neb. 570 (Neb. 2017).
“7 Section 42-1006 provides in pertinent part: (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 volun- tarily; or (b) The agreement was unconscionable when it was executed and,…”
Neb. Rev. Stat. § 42-1006(1)(b): 2 cases
Edwards v. Edwards, 744 N.W.2d 243 (Neb. Ct. App. 2008).
“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 voluntarily; or *254 (b)…”
Auxier v. Auxier, 995 N.W.2d 446 (Neb. Ct. App. 2023).
“As the party opposing enforcement of the premarital agreement, Natalie had the burden to prove that the premarital agreement was not enforceable.”
Neb. Rev. Stat. § 42-1006(2): 1 case
Auxier v. Auxier, 995 N.W.2d 446 (Neb. Ct. App. 2023).
“As the party opposing enforcement of the premarital agreement, Natalie had the burden to prove that the premarital agreement was not enforceable.”
Neb. Rev. Stat. § 42-1006(3): 1 case
Edwards v. Edwards, 744 N.W.2d 243 (Neb. Ct. App. 2008).
“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 voluntarily; or *254 (b)…”
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