(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, 26 Neb. Ct. App. 137 (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, 28 Neb. Ct. App. 303 (Neb. Ct. App. 2020).
· cites it 2× “” Neb. Rev. Stat. § 42-1004 (Reissue 2016).”
Auxier v. Auxier, 995 N.W.2d 446 (Neb. Ct. App. 2023).
· cites it 10× “The enforceability of premarital agreements is governed by Neb. Rev. Stat. § 42-1006 (Reissue 2016), which 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 volun-…”
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 (Neb. Ct. App. 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).
“The enforceability of premarital agreements is governed by Neb. Rev. Stat. § 42-1006 (Reissue 2016), which 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 volun-…”
— Neb. Rev. Stat. § 42-1006(2) — 1 case
Auxier v. Auxier, 995 N.W.2d 446 (Neb. Ct. App. 2023).
“The enforceability of premarital agreements is governed by Neb. Rev. Stat. § 42-1006 (Reissue 2016), which 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 volun-…”
— 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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