Welcome to the Cornhusker State! Getting a prenup might sound like a lot of work, but guess what? We’ve made it a whole lot easier! Whether you’re thinking about using an online service like HelloPrenup or sticking with a local attorney, we’ve got the lowdown on what you need to know to help you make the best choice. Let’s dive into the details and make sure your financial landscape is as smooth as Nebraska’s sprawling Great Plains!
Why do I need a prenup?
A prenup helps establish clear guidelines for how your assets and debts will be managed if your marriage ends in divorce. Without one, you’ll be left with some uncertainty about how things might be sorted out.
If you don’t have a prenup, Nebraska’s default laws will determine how your assets and debts are split, and that might not work out in the best way for you or your spouse. Skipping a prenup can lead to conflicts and legal battles over who gets what, making the process messier than if you had set the terms from the start.
Additionally, without a prenup, you’ll have less control over spousal support (also known as “alimony” in Nebraska) decisions, which will be dictated by state laws that may not align with what you would have agreed to. Ultimately, relying on Nebraska’s default laws could lead to outcomes that don’t feel fair to you.
How much money should you have to get a prenup?
Here’s a little secret: prenups aren’t just for rich people! You don’t need a certain amount of money to get one—it’s really about protecting what you have or what you might earn or receive in the future. Here are some ways a prenup can be beneficial:
- Protect Your Assets & Protect Against Debt: If you or your partner own valuable things like an apartment, savings, or investments, or if you’re carrying significant debt (student loans, anyone), a prenup can help define how those will be divided if things don’t go as planned.
- Protecting Income: If you have a high income (or plan to make a high income one day), a prenup can be helpful in safeguarding your financial interests and setting clear expectations for potential alimony awards.
- Stay-at-Home Parents: Even if you don’t have an income, you can still benefit from a prenup–yes, you read that right. A prenup ensures that someone who’s put their career on hold to support the family won’t be left without financial help if the marriage ends, for example, with the use of a lump sum clause to balance out the wealth (Spouse A gets $X lump sum in the event of a divorce).
- Business Ownership: If you run a business or plan to open one in the future, a prenup can protect business assets from being affected in a divorce.
- Inheritances and Gifts: Does Grandma Sue send you $10,000 every year for Christmas? Or maybe you’re expecting a fat check from Daddy Warbucks. Either way, a prenup can protect those assets and keep them separate from your partner should you divorce.
As you can see, you don’t need a certain amount of money to get a prenup. If you have anything or will own anything in the future (like an inheritance), you can use a prenup to protect yourself!
How much does a prenuptial agreement cost in Nebraska?
The cost of getting a prenup can vary widely depending on whether you go with an online service (like us) or hire an attorney (or both).
According to our 2024 Family Law Attorney Survey, lawyers across the country reported that a prenup can cost around $8,000 per couple on average. That’s about $4k each! Of course, things like which state you live in (COL) and which attorney you hire will play a part, but this is an idea of what you might be spending with the traditional prenup route.
On the flip side, HelloPrenup offers a prenup for just $599 per couple, with an option to add attorney services at a flat fee. With HelloPrenup, you can handle everything from home and save a lot compared to traditional legal fees.
How hard is it to make a prenup?
Well, we may be biased, but we think it’s preeeetty easy. We’ve created a roadmap to guide you on the process of getting a prenup in Nebraska to help get you started:
Step 1: Talk with Your Partner
Begin by discussing why you want a prenup and what you want it to include. For an overview of what you can legally include, Neb. Rev. Stat. § 42-1004 spells out what you can put in a Nebraska prenup. A prenup might include protecting pre-marriage assets, sorting out financial responsibilities for any debts, or planning for future financial situations like an inheritance.
Step 2: Choose How to Draft It: Online vs. Traditional Attorney
Your prenup must be in writing according to Neb. Rev. Stat. § 42-1003. Decide whether you want to use an online service like HelloPrenup or work with a local family law attorney. You can find attorneys who focus on prenups through online searches, recommendations from friends, or the Nebraska State Bar. With HelloPrenup, you can combine both options. You can create your prenup online and add optional attorney services at a flat fee for extra peace of mind.
Step 3: Collect Financial Information (Yes, you will have to share this with your partner)
Gather all your financial details, including bank accounts, property, and debts. Both of you need to fully disclose these details according to Neb. Rev. Stat. § 42-1006 (including the value of each asset and debt) to each other. If either party withholds information, it could make the prenup unenforceable.
Step 4: Review and Edit
Carefully go through any drafts of your prenup together. Make sure it reflects your agreements and make any necessary revisions before finalizing it. And most importantly, make sure you truly understand what you’re signing.
Step 5: Sign and Notarize
Both parties need to sign the prenup voluntarily, without any duress or coercion, pursuant to Neb. Rev. Stat. § 42-1003 and Neb. Rev. Stat. § 42-1006. While notarization isn’t required in Nebraska, it’s a good idea to have it notarized to add an extra layer of protection. Specifically, no one can claim that they didn’t sign the prenup or understand what they were signing in the future.
Can you write your own prenup in Nebraska?
Drafting a prenup on your own might seem like a budget-friendly idea, but it’s important to consider the complexities involved. While Nebraska law doesn’t necessarily prohibit people from writing their own prenups, we don’t recommend it. Prenups can be tricky with their legal jargon and requirements, and a poorly drafted agreement might not stand up in court.
Nebraska law doesn’t require you to retain legal representation for your prenup to be valid, either. However, the “presence or absence of independent counsel” is a factor that the court can consider if your fiancé ever claims that they did not voluntarily enter into the agreement. Auxier v. Auxier, 32 Neb. App. 230, 239–40 (2023). So, while having an attorney isn’t required to make your prenup valid and enforceable in Nebraska, it is an important factor that the court can assess if the enforceability of your prenup is ever contested in the future.
The bottom line on how to get a prenup in Nebraska
And that’s a wrap! Getting a prenup in Nebraska can be just that simple. You’ll just need to get the conversation started with your partner. First, decide whether to go with an online service or consult a local attorney to ensure your prenup is solid and enforceable. Once you’ve chosen your path, it’s all about discussing and agreeing on the terms, drafting the terms, and getting it signed and notarized to make it official. If a prenup is on your mind, think about using an online service, like HelloPrenup, or reaching out to a local Nebraska attorney to help you get everything sorted.
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