42-1001 – Act, how cited.
42-1001. Act, how cited. Sections 42-1001 to 42-1011 shall be known and may be cited as the Uniform Premarital Agreement Act. Source Laws 1994, LB 202, § 1.
42-1002 – Definitions.
42-1002. Definitions. As used in the Uniform Premarital Agreement Act: (1) Premarital agreement means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) Property means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. Source Laws […]
42-1003 – Formalities.
42-1003. Formalities. A premarital agreement must be in writing and signed by both parties. Source Laws 1994, LB 202, § 3.
42-1004 – Content.
42-1004. Content. (1) Parties to a premarital agreement may contract with respect to: (a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (b) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create […]
42-1005 – Effect of marriage.
42-1005. Effect of marriage. A premarital agreement becomes effective upon marriage. Source Laws 1994, LB 202, § 5.
42-1006 – Enforcement.
42-1006. Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (a) That party did not execute the agreement voluntarily; or (b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i) Was not provided a fair and reasonable disclosure […]
42-1007 – Enforcement; void marriage.
42-1007. Enforcement; void marriage. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. Source Laws 1994, LB 202, § 7.
42-1008 – Limitation of actions.
42-1008. Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. Source Laws 1994, LB 202, § […]
42-1009 – Application and construction.
42-1009. Application and construction. The Uniform Premarital Agreement Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it. Source Laws 1994, LB 202, § 9.
42-101 – Marriage a civil contract.
42-101. Marriage a civil contract. In law, marriage is considered a civil contract, to which the consent of the parties capable of contracting is essential. Source R.S.1866, c. 34, § 1, p. 254; R.S.1913, § 1540; C.S.1922, § 1489; C.S.1929, § 42-101; R.S.1943, § 42-101. Cross References Agreements based on consideration of marriage, must be […]
42-1010 – Severability.
42-1010. Severability. If any provision of the Uniform Premarital Agreement Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of the act are […]
42-1011 – Time of taking effect.
42-1011. Time of taking effect. The Uniform Premarital Agreement Act takes effect on July 16, 1994, and applies to any premarital agreement executed on or after that date. Source Laws 1994, LB 202, § 11.
42-102 – Minimum age; affliction with venereal disease, disqualification.
42-102. Minimum age; affliction with venereal disease, disqualification. At the time of the marriage the male must be of the age of seventeen years or upward, and the female of the age of seventeen years or upward. No person who is afflicted with a venereal disease shall marry in this state. Source R.S.1866, c. 34, […]
42-103 – Marriages; when void.
42-103. Marriages; when void. Marriages are void (1) when either party has a husband or wife living at the time of the marriage, (2) when either party, at the time of marriage, is mentally incompetent to enter into the marriage relation, and (3) when the parties are related to each other as parent and child, […]
42-104 – Solemnization; license; application; requirements.
42-104. Solemnization; license; application; requirements. Prior to the solemnization of any marriage in this state, a license for that purpose shall be obtained from a county clerk in the State of Nebraska. Applications for a marriage license made with the county court prior to January 1, 1987, shall be processed and licenses shall be issued […]
42-105 – Marriage of minor; conditions upon which a license may be issued.
42-105. Marriage of minor; conditions upon which a license may be issued. When either party is a minor, no license shall be granted without the written consent under oath of: (1) Either one of the parents of such minor, if the parents are living together; (2) the parent having the legal custody of such minor, […]
42-106 – License issued by county clerk; contents; marriage record; forms.
42-106. License issued by county clerk; contents; marriage record; forms. When an application is made for a license to the county clerk, he or she shall, upon the granting of such license, state in the license the information contained in the application as provided in section 42-104. The license shall, prior to the issuing thereof, […]
42-107 – License; issuance prohibited, when.
42-107. License; issuance prohibited, when. If the required proof is not given, if it shall appear that either of the parties is legally incompetent to enter into such contract or that there is any impediment in the way, or if either party is a minor and the consent mentioned in section 42-105 shall not be […]
42-108 – Marriage ceremony; who may perform; return; contents.
42-108. Marriage ceremony; who may perform; return; contents. Every judge, retired judge, clerk magistrate, or retired clerk magistrate, and every preacher of the gospel authorized by the usages of the church to which he or she belongs to solemnize marriages, may perform the marriage ceremony in this state. Every such person performing the marriage ceremony […]
42-109 – Ceremony; requirements.
42-109. Ceremony; requirements. In the solemnization of marriage no particular form shall be required, except that the parties shall solemnly declare in the presence of the magistrate or minister and the attending witnesses, that they take each other as husband and wife; and in any case there shall be at least two witnesses, besides the […]