PREMARITAL AGREEMENT

(Nebraska Uniform Premarital Agreement Act, Neb. Rev. Stat. § 42-1001 et seq.)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Prenuptial Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [PARTY A FULL LEGAL NAME], residing at [PARTY A ADDRESS], (“Party A”); and
2. [PARTY B FULL LEGAL NAME], residing at [PARTY B ADDRESS], (“Party B”).

(Each, a “Party,” and collectively, the “Parties.”)

Recitals

A. The Parties contemplate legal marriage under the laws of the State of Nebraska on or about [ANTICIPATED WEDDING DATE] (the “Marriage”).
B. The Parties desire to establish their respective rights and obligations in property, income, liabilities, and support, both during the Marriage and upon its termination by death, dissolution, or other legal event.
C. This Agreement is made pursuant to, and shall be interpreted in accordance with, the Nebraska Uniform Premarital Agreement Act, Neb. Rev. Stat. § 42-1001 et seq. (the “Act”).
D. Each Party has made a fair, reasonable, and full disclosure of all assets, liabilities, and income to the other Party, as set forth in the attached Disclosure Schedules A & B.
E. Each Party has had adequate opportunity to obtain independent legal counsel of his or her own choosing and enters this Agreement voluntarily, free of fraud, duress, or undue influence, and with full understanding of its legal effect.

In consideration of the mutual covenants herein, and for other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the meanings set forth below:

“Act” – The Nebraska Uniform Premarital Agreement Act, Neb. Rev. Stat. § 42-1001 et seq.
“Affiliate” – Any entity directly or indirectly controlling, controlled by, or under common control with a Party.
“Community Income” – Income earned by either Party during the Marriage that is characterized as marital property under applicable law.
“Excluded Property” – Property specifically identified in Section 3.2 as remaining the separate property of a Party.
“Fair Market Value” – The price a willing buyer would pay to a willing seller in an arm’s-length transaction, net of liens and encumbrances.
“Marital Property” – All property designated in Section 3.3.
“Separate Property” – Property owned by either Party before the Effective Date or acquired thereafter as provided in Section 3.2.
“Triggering Event” – (i) legal separation, (ii) dissolution of marriage, or (iii) death of a Party.

[// GUIDANCE: Add additional defined terms as needed for complex estates.]

3. OPERATIVE PROVISIONS

3.1 Consideration

The mutual promises herein and the Marriage constitute good and sufficient consideration for this Agreement.

3.2 Separate/Excluded Property

(a) Party A Separate Property. The following shall remain Party A’s Separate Property, free of any claim by Party B:
i. All property listed on Schedule A-1;
ii. Any appreciation, income, or proceeds derived therefrom; and
iii. Any property acquired after the Effective Date by gift, inheritance, or bequest solely to Party A.

(b) Party B Separate Property. The following shall remain Party B’s Separate Property, free of any claim by Party A:
i. All property listed on Schedule B-1;
ii. Any appreciation, income, or proceeds derived therefrom; and
iii. Any property acquired after the Effective Date by gift, inheritance, or bequest solely to Party B.

3.3 Marital Property

Unless otherwise expressly provided herein, any property jointly titled in the names of both Parties after the Effective Date shall be deemed Marital Property and governed by Nebraska marital property laws.

3.4 Management & Control

Each Party shall have sole management and control of his or her Separate Property. Jointly titled Marital Property shall be managed by mutual consent.

3.5 Debts & Liabilities

(a) Separate Liabilities. Debts incurred by a Party before the Marriage or independently thereafter shall remain that Party’s sole obligation.
(b) Joint Liabilities. Debts expressly incurred in the joint names of the Parties shall be jointly and severally owed.

3.6 Spousal Support / Alimony

(a) Waiver. Except as provided in Section 3.6(b), each Party irrevocably waives and releases any right to spousal maintenance, support, or alimony.
(b) Unconscionability Savings Clause. If, at the time of enforcement, a complete waiver of support would render the Agreement unconscionable under § 42-1006, the court may require support to the extent necessary to avoid such unconscionability.

[// GUIDANCE: Consider tailoring this clause for significant income disparity.]

3.7 Gifts Between Parties

Any inter-spousal gifts shall be treated according to the donor’s intent as evidenced in contemporaneous writing; absent such writing, they shall be presumed Separate Property of the donee.

3.8 Estate Planning & Elective Share

Each Party waives any statutory elective share, intestate share, homestead, exempt property, or family allowance that he or she might otherwise acquire in the estate of the other Party, except as may be provided under any duly-executed testamentary instrument.

3.9 Conditions Precedent

This Agreement shall become effective only upon solemnization of the Marriage. If the Marriage does not occur on or before [OUTSIDE DATE], this Agreement shall be null and void ab initio.

4. REPRESENTATIONS & WARRANTIES

4.1 Each Party represents and warrants that:
(a) Capacity. He or she is of legal age and full mental capacity to enter into this Agreement.
(b) Voluntariness. This Agreement is executed voluntarily and without coercion.
(c) Disclosure. He or she has provided full and fair disclosure of assets, liabilities, and income as of the Effective Date, accurate within all material respects.
(d) Independent Counsel. He or she has had the opportunity to consult independent legal counsel.
(e) No Conflicts. Execution and performance do not breach any existing agreement or court order.

4.2 Survival. The representations and warranties shall survive execution and any Triggering Event.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances. The Parties shall execute and deliver such additional instruments as may be necessary to effectuate the intent of this Agreement.

5.2 Confidentiality. Except as required by law or court order, neither Party shall disclose the terms of this Agreement to any third party, other than professional advisors bound by confidentiality.

5.3 Notice of Material Change. Each Party shall promptly notify the other in writing of any material change in net worth or indebtedness exceeding [THRESHOLD AMOUNT].

6. DEFAULT & REMEDIES

6.1 Event of Default. A Party’s failure to comply with any material covenant constitutes a default after [30-DAY] written notice and opportunity to cure.

6.2 Remedies. Upon default:
(a) Specific Performance. Each Party acknowledges that monetary damages may be an inadequate remedy; the non-defaulting Party shall be entitled to specific performance, injunctive relief, or both.
(b) Attorney Fees. The prevailing Party in any enforcement action shall be entitled to reasonable attorney fees and costs.

6.3 Alternative Remedies. Exercise of any remedy is non-exclusive and cumulative.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates (“Indemnified Party”) from any Losses arising from:
(a) the Indemnifying Party’s breach of this Agreement; or
(b) any separate liabilities described in Section 3.5(a).

7.2 Liability Cap. The aggregate liability of either Party under Section 7.1 shall not exceed the Fair Market Value of that Party’s Separate Property as of the date of the claim, except in the case of fraud or willful misconduct.

7.3 Insurance. Each Party shall maintain, at his or her sole expense, adequate insurance (including life, health, and liability) consistent with customary personal financial planning standards.

7.4 Force Majeure. Neither Party shall be liable for failure or delay in performance caused by events beyond reasonable control, provided the delayed Party gives timely notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by the substantive family law of the State of Nebraska, without regard to conflict-of-law principles.

8.2 Forum Selection. Subject to Section 8.3, any proceeding arising under this Agreement shall be filed exclusively in the [COUNTY] County District Court, Family Division (the “Family Court”).

8.3 Limited Arbitration.
(a) Scope. Property classification or valuation disputes may, upon mutual written consent, be submitted to binding arbitration under the Nebraska Uniform Arbitration Act.
(b) Exclusions. Issues of child custody, child support, parenting time, or any other matter not arbitrable under Nebraska law are expressly excluded.
(c) Procedure. Arbitration shall be conducted by a single arbitrator selected by mutual agreement; absent agreement, by the American Arbitration Association rules applicable to domestic relations property disputes.

8.4 Jury Waiver. Jury trial is unavailable in Family Court; each Party nonetheless waives any right that may exist to trial by jury in any forum.

8.5 Injunctive Relief. Nothing herein shall impair either Party’s right to seek temporary, preliminary, or permanent injunctive relief in the Family Court to enforce the provisions of this Agreement.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. This Agreement may be amended only by a written instrument signed by both Parties and acknowledged before a notary public. No waiver of any provision shall be effective unless in writing and signed by the waiving Party.

9.2 Assignment. Neither Party may assign or delegate any rights or obligations without prior written consent of the other, except by operation of law upon death.

9.3 Successors & Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remainder shall be severed and reformed to effectuate the Parties’ intent to the maximum extent lawful.

9.5 Integration. This Agreement, including all Schedules, constitutes the entire understanding between the Parties and supersedes all prior or contemporaneous agreements, oral or written, concerning the subject matter hereof.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original; electronic signatures shall be deemed originals for all purposes.

9.7 Headings. Section headings are for convenience only and shall not affect interpretation.

9.8 Construction. The Parties have jointly negotiated and reviewed this Agreement; no presumption shall arise favoring either Party based upon authorship.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

ACKNOWLEDGMENT
State of Nebraska )
: ss.
County of [COUNTY] )

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A NAME] and [PARTY B NAME], known to me or proven on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ______

[// GUIDANCE: Nebraska does not require witnesses for premarital agreements; notarization is strongly advised to evidence voluntariness and authenticity.]

SCHEDULE A-1 – PARTY A SEPARATE PROPERTY

[Attach detailed asset list with approximate fair market values.]

SCHEDULE B-1 – PARTY B SEPARATE PROPERTY

[Attach detailed asset list with approximate fair market values.]

DISCLOSURE SCHEDULE A – PARTY A FINANCIAL DISCLOSURE

1. Assets – Category / Value
2. Liabilities – Description / Amount
3. Income – Source / Annual Amount

DISCLOSURE SCHEDULE B – PARTY B FINANCIAL DISCLOSURE

1. Assets – Category / Value
2. Liabilities – Description / Amount
3. Income – Source / Annual Amount

[// GUIDANCE: Attach independent counsel certificates if local practice recommends additional proof of voluntariness.]