Chapter 42 — HOUSEHOLDS AND FAMILIES
437 sections in this chapter.
Neb. Rev. Stat. § 42-1001 Act, how cited.
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Sections 42-1001 to 42-1011 shall be known and may be cited as the Uniform Premarital Agreement Act.
Neb. Rev. Stat. § 42-1002 Definitions.
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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 contingen…
Neb. Rev. Stat. § 42-1003 Formalities.
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A premarital agreement must be in writing and signed by both parties.
Neb. Rev. Stat. § 42-1004 Content.
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(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, leas…
Neb. Rev. Stat. § 42-1005 Effect of marriage.
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A premarital agreement becomes effective upon marriage.
Neb. Rev. Stat. § 42-1006 Enforcement.
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(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…
Neb. Rev. Stat. § 42-1007 Enforcement; void marriage.
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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.
Neb. Rev. Stat. § 42-1008 Limitation of actions.
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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 …
Neb. Rev. Stat. § 42-1009 Application and construction.
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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.
Neb. Rev. Stat. § 42-101 Marriage a civil contract.
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In law, marriage is considered a civil contract, to which the consent of the parties capable of contracting is essential.
Neb. Rev. Stat. § 42-1010 Severability.
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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 thi…
Neb. Rev. Stat. § 42-1011 Time of taking effect.
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The Uniform Premarital Agreement Act takes effect on July 16, 1994, and applies to any premarital agreement executed on or after that date.
Neb. Rev. Stat. § 42-102 Minimum age; affliction with venereal disease, disqualification.
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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.
Neb. Rev. Stat. § 42-103 Marriages; when void.
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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, …
Neb. Rev. Stat. § 42-104 Solemnization; license; application; requirements.
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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 i…
Neb. Rev. Stat. § 42-105 Marriage of minor; conditions upon which a license may be issued.
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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, if the parents are living separate and apar…
Neb. Rev. Stat. § 42-106 License issued by county clerk; contents; marriage record; forms.
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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, be entered of recor…
Neb. Rev. Stat. § 42-107 License; issuance prohibited, when.
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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 given, the count…
Neb. Rev. Stat. § 42-108 Marriage ceremony; who may perform; return; contents.
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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 …
Neb. Rev. Stat. § 42-109 Ceremony; requirements.
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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 …
Neb. Rev. Stat. § 42-110 Marriage certificate; provided to parties; form.
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Whenever a marriage shall have been solemnized pursuant to the provisions of sections 42-101 to 42-117, the minister or magistrate who solemnized the same shall give to each of the parties, on request, a certificate under his hand, specifying the names, ages and places of residen…
Neb. Rev. Stat. § 42-1101 Act, how cited.
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Sections 42-1101 to 42-1113 shall be known and may be cited as the Spousal Pension Rights Act.
Neb. Rev. Stat. § 42-1102 Terms, defined.
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For purposes of the Spousal Pension Rights Act: (1) Alternate payee means a spouse, former spouse, child, or other dependent of a member who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by a statewide public ret…
Neb. Rev. Stat. § 42-1103 Qualified domestic relations order; requirements.
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A domestic relations order is a qualified domestic relations order only if such order or accompanying document: (1) Clearly specifies the following: (a) The name, social security number, and last-known mailing address, if any, of the member; (b) The name, social security number, …
Neb. Rev. Stat. § 42-1104 Order; payment of benefits; alternate payee.
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(1) A qualified domestic relations order may provide for the payment of benefits to an alternate payee beginning on or after the member's earliest retirement date but before the member terminates employment. Payment of the benefit to the alternate payee pursuant to a qualified do…
Neb. Rev. Stat. § 42-1105 Order; form of benefit payment.
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An alternate payee under a qualified domestic relations order shall receive the form of benefit payment specified in the order or, if not specified, selected by the alternate payee, if such form is a form available to the member and is not a joint and survivor annuity with the al…
Neb. Rev. Stat. § 42-1106 Death of alternate payee; effect.
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If the alternate payee dies prior to receiving any payment of his or her interest in the member's benefit under a qualified domestic relations order, such interest reverts to the member. If the alternate payee dies after commencement of payments of his or her interest, then the a…
Neb. Rev. Stat. § 42-1107 Order; surviving spouse; payment option.
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A qualified domestic relations order may provide that a spouse under a judgment for separate maintenance or a former spouse is considered the surviving spouse under the plan. If the order requires the member to select a payment option with survivorship rights, the Public Employee…
Neb. Rev. Stat. § 42-1108 Order; alternate payee; file with board; notice.
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The alternate payee shall file a copy of the domestic relations order involving benefits under a statewide public retirement system with the Public Employees Retirement Board within ninety days after the date that the order was entered. Upon good cause shown, the board may accept…
Neb. Rev. Stat. § 42-1109 Rules and regulations.
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The Public Employees Retirement Board shall adopt and promulgate rules and regulations to establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such orders. Such procedures shall allow an alternate pay…
Repealed. Laws 1951, c. 124, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 42-1110 Qualified domestic relations order; how determined; procedure.
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(1) The Public Employees Retirement Board, or the board's designee, shall determine, within a reasonable period of time after receiving a domestic relations order, if the order is a qualified domestic relations order under the Spousal Pension Rights Act. The board may determine t…
Neb. Rev. Stat. § 42-1111 Executive director; separate accounting required; when; investment authority.
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(1) During the period of time that a determination, by the board, its designee, or a court of competent jurisdiction, is being made as to whether a domestic relations order is a qualified domestic relations order, the executive director of the Nebraska Public Employees Retirement…
Neb. Rev. Stat. § 42-1112 Order filed prior to July 19, 1996; applicability.
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A domestic relations order filed with the Public Employees Retirement Board prior to July 19, 1996, shall be deemed a qualified domestic relations order under the Spousal Pension Rights Act if the statewide public retirement system is making payments under the order on July 19, 1…
Neb. Rev. Stat. § 42-1113 Liability.
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The member and alternate payee shall hold the statewide public retirement system and its fiduciaries harmless from any liabilities which arise from (1) treating a domestic relations order as being, or not being, a qualified domestic relations order, or (2) taking action pursuant …
Neb. Rev. Stat. § 42-112 Returns; record.
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The county clerk of each county in the state shall record all such returns of such marriages in a book to be kept for that purpose within one month after receiving the returns.
Neb. Rev. Stat. § 42-113 Violations; penalty.
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If any justice, minister, or other person whose duty it is to make and transmit to the county clerk such certificate shall neglect to make and deliver the same; if the county clerk shall neglect to record such certificate; if any person shall undertake to join others in marriage,…
Neb. Rev. Stat. § 42-114 Want of jurisdiction; marriage not void, when.
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No marriage solemnized before any person professing to be a minister of the gospel, shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority in such supposed minister; Provided, the marriage …
Neb. Rev. Stat. § 42-115 Marriage according to custom of religious society; certificate; transmission to county clerk.
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It shall be lawful for every religious society to join together in marriage such persons as are of the society, according to the rites and customs of the society to which they belong. The clerk or keeper of the minutes, proceedings, or other book of the religious society in which…
Neb. Rev. Stat. § 42-116 Marriage certificate and record as evidence.
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The original certificate and record of marriage made by the minister, officer, or person, as prescribed in sections 42-101 to 42-117, and the record thereof, made as prescribed, a copy of such record, duly certified by such officer, or an abstract of marriage as defined in sectio…
Neb. Rev. Stat. § 42-117 Marriage contracted out of state; when valid.
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All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state.
Neb. Rev. Stat. § 42-118 Marriages; when voidable.
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In case of a marriage solemnized when either of the parties is under the age of legal consent, if they shall separate during such nonage, and not cohabit together afterwards, or in case the consent of one of the parties was obtained by force or fraud, and there shall have been no…
Repealed. Laws 2004, LB 1207, § 49.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 1207, § 49.
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[Repealed or reserved.]
Neb. Rev. Stat. § 42-1201 Act, how cited.
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Sections 42-1201 to 42-1210 shall be known and may be cited as the Address Confidentiality Act.
Neb. Rev. Stat. § 42-1202 Findings.
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The Legislature finds that persons attempting to escape from actual or threatened abuse, sexual assault, kidnapping, or stalking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purposes of the Address Confident…
Neb. Rev. Stat. § 42-1203 Terms, defined.
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For purposes of the Address Confidentiality Act: (1) Abuse means causing or attempting to cause physical harm, placing another person in fear of physical harm, or causing another person to engage involuntarily in sexual activity by force, threat of force, or duress, when committe…
Neb. Rev. Stat. § 42-1204 Substitute address; application to Secretary of State; approval; certification; renewal; prohibited acts; violation; penalty.
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(1) An adult, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person as defined in section 30-2601 may apply to the Secretary of State to have an address designated by the Secretary of State serve as the substitute address of s…
Neb. Rev. Stat. § 42-1205 Certification; forfeiture or cancellation; when.
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(1) If a program participant obtains a name change, he or she shall forfeit his or her certification as a program participant unless the program participant applies to the Secretary of State for recertification and provides documentation of the legal name change. (2) The Secretar…
Neb. Rev. Stat. § 42-1206 Address or substitute address; use; when.
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(1) A program participant may request that state and local agencies use the address designated by the Secretary of State as the program participant's substitute address. When creating a new public record, a state or local agency which has a bona fide statutory, tax situs, or admi…