Nope. A Nebraska court said this prenup was enforceable. The wife in this case (Auxier v. Auxier, 2023) wanted to get the prenup thrown out and she argued she did not sign the agreement voluntarily based on several reasons, including the prenup being signed the day before, not having an attorney, unequal bargaining power, and not understanding the agreement.

The Nebraska court disagreed with the wife and said the following:

– Even though the prenup was signed the day before, she was informed of the prenup a month before, and they could have moved their courthouse wedding.

– The wife had an opportunity to get a lawyer if she wanted (the husband gave her several names of lawyers to hire) and she chose not to. Plus, her father was an attorney.

– There was an inequity in bargaining power in terms of disparity of assets but that is not enough here. There was no threats or intimidation.

– There was a full disclosure of assets on the husband’s side.

– Despite the wife arguing she did not understand the terms of the agreement, the court said she was fluent in English, spoke 5 languages, and had a college degree. So this was not a valid argument.

Additionally, the wife suffered a stroke during the marriage, leaving her unable to work. She argued that the prenuptial agreement’s clause waiving spousal support should be invalidated because it would force her to rely on public assistance, according to Neb. Rev. Stat. § 42-1006(2). However, the court disagreed.

The court reasoned that the wife was already receiving Social Security disability benefits *during* the marriage due to the stroke, not because of the divorce. Therefore, the spousal support waiver didn’t cause her to become eligible for public assistance at the time of the divorce, as required by Nebraska law. As a result, the court found the waiver of spousal support to be valid and enforceable.

Auxier v. Auxier, 32 Neb.App. 230, (Neb. App. 2023)

The future husband and wife (Kevin and Valara) lived together for a few years before getting married in 2006. They had two children together, and Valara had two from a previous relationship. Kevin was wealthier, with assets over $1 million, and they signed a prenuptial agreement a few days before the wedding. He told her to sign it, or there would be no wedding, and she did. At this point, the wedding invitations had already been sent, and the wedding had already been paid for.

Fast forward to 2010 when the couple was divorcing. The Nebraska court ultimately decided that the prenup was not enforceable as Valara did not voluntarily sign the agreement for the following reasons:

– Timing and Coercion: The agreement was presented to her just a few days before the wedding, and she felt pressured to sign it or risk the wedding being canceled.

– Lack of Opportunity to Get Independent Counsel: Although Valara had mentioned wanting her attorney to review the agreement, she wasn’t given the opportunity to do so (not enough time).

– Inequality in Bargaining Power:There was a significant difference in the parties’ financial situations and business experience, with Kevin having a much higher net worth and more business acumen. Valara was also a stay-at-home mom at the time, further limiting her bargaining power.

– Lack of Understanding:The prenuptial agreement was a complex legal document, and there was no evidence that Valara fully understood the rights she was waiving by signing it.

Moral of the story? Make sure each party has enough time to get a lawyer if they want one (more than a few days to get one), and don’t spring the prenup on your spouse a few days before the wedding with no warning!

Mamot v. Mamot, 813 NW 2d 440 (2012)

Jeffrey and Dianna Edwards disputed the validity of the prenup they signed. Both had been represented by their own attorneys while drafting the agreement, but Dianna’s attorney resigned from her case during the prenup process. Still, she signed the agreement without an attorney present. In 2004, the couple filed for divorce. Dianna argued that she had not voluntarily signed the prenup and had felt coerced to do so.

Ultimately, the court disagreed and stated that the agreement was enforceable but modified its ruling on the issue of spousal support.

The court’s reasoning

The court explained that while Dianna lacked legal representation at the signing, this was not enough to invalidate the prenuptial agreement, especially since she had legal counsel during negotiations and had ample time to seek further advice. Her claims of coercion and the disparity in business knowledge were also dismissed as insufficient to render the agreement involuntary. The court concluded that Dianna’s decision was voluntary and informed, emphasizing her education, prior experience with prenups, and the clear language of the agreement.

The spousal support provision

However, the court found that the spousal support provision in the prenup, while valid, may still be overruled by a judge. The court here said a judge can still order payments for temporary support to allow one party to be able to afford the divorce proceedings (i.e., temporary spousal support).

The bottom line? Just because you didn’t have a lawyer doesn’t make a prenup unenforceable. In addition, couples can make provisions in their prenups for spousal support, but the court ultimately has the final word.

Edwards v. Edwards, 744 NW 2d 243 (Neb. Ct. App. 2008)