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Wisconsin Postnuptial Agreement

A Wisconsin postnuptial agreement is a contract between spouses that lets them decide how to distribute their marital property should the marriage end. Couples may pursue a postnuptial agreement to avoid the uncertainty associated with the divorce process.
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Signing Requirements

A marital property agreement shall be a document signed by both spouses.[1]

Laws

Marital Property: Property acquired during the marriage is usually divided equally between the parties. But a court may alter the distribution if the parties make a written agreement before or during the marriage concerning arrangements for property distribution.[2]

Binding Terms: Property distribution agreements are binding unless the terms of the agreement are inequitable to either party. Courts shall presume any such agreement to be equitable to both parties.[2]

Inequity: An agreement is inequitable if it is unfair in the way it was obtained or in how it distributes property rights.[3]

Unconscionability: The court decides whether a marital property agreement is unconscionable.[1]