Helping Individuals with Prenuptial & Postnuptial Agreements in Omaha, Nebraska and Throughout Douglas County
Negotiating a prenuptial agreement may not always seem like the most romantic choice. However, for many couples, it is a smart thing to consider. Prenuptial agreements — also called prenups, premarital agreements or even antenuptial agreements — allow marrying couples to protect their separate property during a marriage in the event that the marriage ends.
At Stange Law Firm, PC, we assist clients in Omaha, NE in Douglas County draft, review and litigate prenuptial agreements. We can also handle issues related to postnuptial agreements, which are similar to prenups, just drafted during a marriage.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract between two people who are engaged to be married. The purpose of a prenup is to protect each person’s assets and property in the event of a divorce or death. Prenups can also be used to determine how property will be divided if the couple decides to divorce.
Common items that are covered in a prenup include:
- Premarital assets and debts: A prenup can specify what each person’s assets and debts are prior to the marriage. Items such as houses, cars, jewelry, and other valuable items that were obtained before the marriage can be specified as belonging to one person. This can help avoid arguments about who owns these items if the couple gets divorced.
- Inheritances and gifts: A prenup can also specify what will happen to inheritances and gifts that are received during the marriage. For example, if one person inherits a house from their parents, that person can specify in the prenup that the house will remain their property regardless of how little or long the couple is married.
- Children from a previous relationship: If either person has children from a previous relationship, a prenup can be used to specify how financial responsibility for the children will be divided. This can help avoid arguments about child support and custody if the couple gets divorced.
- Alimony: A prenup can be used to waive the right to alimony or specify how much alimony one person would be entitled to if the couple gets divorced.
- Property division: A prenup can specify how property will be divided if the couple gets divorced. For example, the prenup can specify that all property acquired during the marriage will be divided equally.
Effective Prenuptial Agreements in Omaha, Nebraska in Douglas County
Effective prenuptial agreements should contain detailed descriptions of the significant property and debts owned by each party. Depending on the nature and complexity of these assets, a prenuptial agreement can be just a few pages — or a few hundred. At Stange Law Firm, PC in Omaha, we draft each prenup so that it meets the exact needs of our clients.
To be valid, a prenuptial agreement must meet specific requirements:
Be signed by both spouses
Be accompanied by a complete disclosure of all assets, income and debts of each spouse
List court-ordered maintenance being paid or received
Allow spouses sufficient opportunity to consider the provisions of the agreement consult with lawyers before signing
Be entered into freely and voluntarily
Omaha, Nebraska Postnuptial Agreements in Douglas County
Also called post-marital agreements, postnuptial agreements are contracts between two partners that are entered into during a marriage. Like prenuptial agreements, they contain provisions addressing how to divide property in the event of divorce or the loss of a spouse.
Enforcing a Prenuptial or Postnuptial Agreement in Omaha, Nebraska in Douglas County
It can be tough to enforce a prenuptial or post-nuptial agreement. The standards that courts impose are high. But when a family law matter requires legal action, we offer high-quality legal solutions for our clients in Omaha, Nebraska. Our focus is helping you move in the right direction. We do this by working closely with you to develop a family law strategy that weighs costs and benefits of each action. Together, we take action that gets results.
Not being represented by legal counsel at the time of signing can be a basis for challenging the ability to enforce a prenuptial agreement later on. For this reason, both parties really should have their own representation. Please note as well that the Founding Partner of the firm, Kirk C. Stange, authored a book on prenuptial agreements through Thomson Reuters (Aspatore Publishing) titled: Prenuptial Agreements Line by Line.
Handling Prenuptial or Postnuptial Agreement in Omaha, Nebraska
To learn more about the Douglas County Family Court, please visit the following links:
Douglas County Family Court: Any additional information regarding the Douglas County family court can be found here.
Douglas County Local Court Rules: Wondering what all of the Nebraska court rules may be? Click here to take a look.
Douglas County Courthouse Directions: Do you need directions or a map of the Douglas County Courthouse? Click on this link provided to help you out!
Call Today to Learn More From an Omaha, Nebraska Prenuptial Agreement Lawyer in Douglas County
As contentious as a prenuptial agreement may sound for your marriage, it could help you in the long term. We have written articles about prenuptial agreements to help you learn more about the topic: Is a prenuptial agreement in your future? How to have ‘the talk’, Social media clauses gaining popularity in prenuptial agreements, Domestic Asset Protection Trusts Versus Prenuptial Agreements: What is the Best Option?, and Prenuptial Agreements for Elderly Couples.
Contact an Omaha prenuptial agreement lawyer in Douglas County online or by phone 855-805-0595 to schedule a confidential consultation.
Douglas County (Omaha), Nebraska Office (402-509-1801): 4611 S. 96th St., Suite 111, Omaha, Nebraska 68127