Considering a prenuptial agreement in the Cornhusker State? Congratulations! One of your first legal questions may be, “Do I need to hire a lawyer?” And many other questions circling around the “lawyer” topic. Don’t worry—we’ve got you covered on everything you need to know about hiring a lawyer (and whether or not it’s required) for your prenuptial agreement in the state of Nebraska. Understanding the legal landscape early on can help you feel confident and prepared as you plan for your future together. Let’s dive in!
Is a lawyer legally required to have a valid and enforceable agreement in Nebraska?
No, it’s not a strict requirement, but hiring a lawyer is always recommended as best practice because courts in Nebraska may consider the presence or absence of a lawyer if the agreement is ever challenged. However, this one factor alone is not determinative of whether a party has voluntarily entered into a premarital agreement. (Edwards v. Edwards (2008)). Courts may also consider whether each party had the opportunity to hire a lawyer. (Mamot v. Mamot (2012).
In other words, a lawyer is not a prerequisite to a valid prenup in Nebraska, but if the prenup is ever challenged by one of the spouses, the court will consider the presence of a lawyer as one factor (of many) in determining if it should be enforced. In addition, the court will consider if each party had the opportunity to hire a lawyer—meaning having enough time and resources to get one, but chose not to.
Nebraska case law demonstrating the importance of legal representation
On the other hand, there have been cases where a prenuptial agreement was thrown out, in part, because one party didn’t have a lawyer. In Mamot v. Mamot, the court noted that the wife had less than five days before the wedding, and that the agreement was presented with urgency, leaving her little realistic opportunity to obtain legal advice. Even though the husband testified that the wife “had all day” to find an attorney, the court found this unrealistic, especially given the rural setting, timing, and stress of imminent wedding plans. Ultimately, the court ruled that the wife’s lack of a lawyer—combined with time pressure, financial imbalance, and the agreement’s complexity—meant she did not voluntarily sign the agreement. (Mamot v. Mamot (2012).
However, as you can see, the court took the lack of an lawyer, combined with the lack of opportunity to hire one, combined with other factors such as financial imbalance, complexity of the agreement, and time pressure, to make this determination. It was not just the lack of an attorney alone.
Can only one of us hire a lawyer?
Yes, it is possible for one person to hire a lawyer (and not the other), and the prenup is upheld. There is no requirement for both parties to hire attorneys, though it is always recommended as best practice. In addition, the presence or absence of a lawyer for either party may come into play when determining the enforceability of the agreement.
Further, some attorneys will personally decide not to work with a client whose fiancé doesn’t hire a lawyer for liability reasons. The lawyer may not want to risk working on a case where the other party can one day try to argue that they had a lack of representation and want to get the agreement thrown out.
Can we both share a lawyer?
No! This is a hard no from a legal standpoint, as it can create a conflict of interest for the attorney. Lawyers are required to follow the rules of professional conduct, which lay out specific laws lawyers must follow in order to stay morally and ethically in line. One of these rules is to avoid conflicts of interest. If a lawyer were to represent two parties to the same contract where they have directly opposing interests, it could be deemed a conflict of interest.
For example, imagine a case where one partner wants to waive alimony and the other does not. How would the lawyer advocate properly for both at the same time if one party would benefit from the alimony and the other would not? It would be difficult, so it is best avoided. Bottom line? Two people cannot be represented by the same prenup attorney in Nebraska.
Can one person pay for the other person’s lawyer?
This hasn’t been directly addressed by Nebraska courts at this time; however, in other states, such as New York, courts do not consider the payment of one spouse’s attorney fees for a prenuptial agreement by the other spouse to be sufficient to void an agreement without more. (S.G. v. N.G. (N.Y. Sup. Ct. 2017)). It’s often considered acceptable, and even common, for the wealthier party to cover the other party’s legal fees, provided the recipient is free to choose their own attorney and is not pressured to work with a specific lawyer.
The bottom line on the legal requirements for prenuptial agreement lawyers in Nebraska
As you can see, lawyers in Nebraska are not strictly required for a valid and enforceable prenuptial agreement, but are always recommended as best practice. The presence or absence of an attorney and the opportunity to hire an attorney may be taken into consideration if the prenup is ever challenged in court one day. If only one party wants to hire a lawyer and the other has the time and resources to get a lawyer but chooses not to, it can still be considered a valid prenup. Just steer clear of sharing the same lawyer. Ultimately, giving both parties a fair opportunity to seek independent legal advice is one of the best ways to protect the agreement and the relationship. Happy prenup planning!
Tom is a partner specializing in corporate law and civil litigation. With experience in New York and now based in Omaha, he advises clients on legal strategies aligned with business goals. He’s also a licensed athlete agent in Nebraska, focusing on NIL agreements for student athletes.
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