There is no statute or case clarifying signing requirements, but best practice would be a written document signed by both parties and notarized. Previous statutes required signatures and notarization, akin to contracts for land, but newer statutes only mention signatures.^[1][2]

Separation Agreement: Married couples may enter into a written property settlement agreement regarding

1. Support for either spouse
2. The disposition of any property owned by either of them, and
3. the support and custody of minor children.^[3]

Intent to divorce: Nebraska statutes do not authorize postnuptial agreements to allocate the parties’ property rights upon separation or divorce unless the couple plans to separate or get divorced.^[1]

Validity: Courts are generally bound by separation agreements, except regarding terms providing for the support and custody of minor children, which courts can evaluate independently. Courts can also decline to enforce an agreement if there is relevant evidence that the agreement is unconscionable.^[4]

Unconscionability: The facts in each case determine whether an agreement is unconscionable.^[5]