Last updated Feb 19, 2025

Premarital Agreements

What are premarital agreements?

Premarital agreements, also known as prenuptial agreements (prenups), are contracts created and entered into by two individuals planning to get married.ย For anyone wondering how to manage finances in a marriage, it is worth considering a prenuptial agreement. If it doesn’t work out and the marriage ends with a divorce, how to split finances can be a hot-button issue you might prefer having agreed to already to assist with divorcing amicably.

Define expectations with premarital agreements.

In picking a life partner it could be said that you should never marry someone you canโ€™t stand being divorced from. For so many reasons, this rings true. By utilizing legal documents, such as a premarital agreement, parties to a marriage can help define each personโ€™s expectations surrounding marital property in the event of marital discord.

Premarital agreements often get a bad rap. Words like โ€œunromantic,โ€ โ€œdistrustโ€ and โ€œgreedโ€ come to mind. But the reality is, a carefully drafted premarital agreement can help create a culture of talking about money and financial openness in a marriage. It can also provide a framework for an amicable separation of the parties, in the unfortunate event of divorce.

Timing is everything.

For prenuptial agreements, Nebraska law are governed by the Uniform Premarital Agreement Act. Most importantly, a premarital agreement by definition is a contract entered into by prospective spouses in contemplation of marriage and to be effective upon marriage.

As recently as 2016, the Nebraska Supreme Court reaffirmed the courtโ€™s position that Nebraska law does not allow postnuptial agreements unless such agreements are concurrent with a separation or divorce.ย All of this is to say that, if you are considering a premarital agreement, it has to be made before the wedding.

A word to the wise? Give yourself and your partner more than a few days to consider the document. Allowing ample time to generate a document that suits both partiesโ€™ needs will increase the likelihood of success by its terms and allow for full, open and honest communication for everyone involved.

Premarital agreements are not just for divorce.

You know what else? Premarital agreements aren’t just for protecting finances in divorce โ€” these documents can also help govern the distribution of your assets in the event of your death. This is particularly helpful for families formed by a second marriage. By having a comprehensive premarital agreement done before marriage, it allows the parties to preserve their estate planning options down the road.

 


This article should not be construed as legal advice. Situations are different and itโ€™s impossible to provide legal advice for every situation without knowing the individual facts.


If you are seeking legal guidance or representation, contact Hightower Reff Law today.

Tracy Hightower-Henne

About the Author

Tracy Hightower-Henne

Tracy Hightower-Henne is a founding partner of Hightower Reff Law in Omaha with 16 years of legal experience. She specializes in family law, divorce, mediation, surrogacy, child support, child custody, asset and property division, as well as collaborative and uncontested divorce. Before founding the firm, she worked as a legal associate at Union Pacific Railroad and worked in the corporate tax world.

She is certified in Basic Mediation and Family Law Mediations by the Office of Dispute Resolution, a certified Collaborative Divorce Attorney, a member of the Heartland Womenโ€™s Network, and a member of the Nebraska Academy of Collaborative Professionals.

Additionally, Tracy currently sits on the Planned Parenthood Advocates of Nebraska Board and has a passion for supporting young professionals and women in business. Tracy was awarded the 40 Under 40 award by the Midlandโ€™s Business Journal in 2018 and in 2021, earned the Ten Outstanding Young Omahans (TOYO) award.

Tracy graduated from the Thomas. Cooley School of Law with her Juris Doctor in 2007 after earning her Bachelor of Science degree in Business Administration from Doane University. Additionally, she is a 2017 graduate of the Nebraska State Bar Association Leadership Academy and the New Leaders Council. When sheโ€™s not practicing law, Tracy loves reading a book on her deck and scuba diving with marine life.

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