We’ve all heard this age-old advice – “better late than never.” However, don’t count on this in Nebraska. When it comes to prenup and postnup agreements, late isn’t any better than “never.” The Nebraska Supreme Court recently re-established the fact that postnuptial agreements are not binding.
What are Prenuptial and Postnuptial Agreements?
Both prenuptial and postnuptial agreements are contracts in which a couple dictates how they will divide their property and assets in the case of their divorce. The main difference between the two agreements is when they are signed. Whereas prenups are signed before a marriage, postnups are signed once the couple is already married.
The Court Case
The Nebraska Supreme Court case Devney v. Devney took place in October. Prior to this hearing, a district court ruled that the Devney couple’s postnuptial agreement was valid and enforceable. Elizabeth Devney then appealed this decision. The Nebraska Supreme Court concluded that the district court had errored and declared the Devney’s postnuptial agreement null. Thus, they reinforced the fact that postnuptial agreements are not viable in Nebraska.
I Live in Nebraska. What Does This Mean for Me?
If you would like to create a document outlining the division of your assets in the case of a divorce, you should draft and sign this document before you marry your significant other. However, if you are already married, you do have options. Postnuptial agreements relating to the division of inheritances may still be enforceable. In addition, if you and your spouse reach an agreement while your separation and divorce are occurring, this agreement will be considered valid during your divorce proceedings.
So if you want to make the divorce agreement you and your spouse reached legally binding, don’t wait until after you are married! When it comes to prenups and postnups in Nebraska, late isn’t any better than never. If you have any questions concerning prenup or postnup agreements, contact a Goosmann family law attorney today.