Wisconsin Prenuptial Agreement | Laws

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Updated August 07, 2022

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A Wisconsin prenuptial agreement is a contract executed by a couple before getting married to clarify property and asset distribution should the marriage end in divorce or death. Not every marriage necessitates a prenup but they can be very useful for couples who are bringing separate property into the marriage (or debt), couples who have children from previous marriages, or in situations where one spouse has a lot more wealth than the other.

Prenuptial agreements are only enforceable upon divorce if the terms of the contract are equitable to both parties, neither party was coerced or forced under duress to sign, the parties gave full disclosure of their assets and liabilities, and the contract does not concern child custody. It is important that both parties seek legal counsel to look over the drafts of a prenuptial agreement before signing, or, at the very least, be given the option to consult an attorney.

Signing Requirements (In re Marriage of Button v. Button, 131 Wis. 2d 84 (1986)) – Both parties must sign the agreement and it is recommended, although not required, that a notary public sign as well.

Laws

§ 767.61(3)(L) – Property Division – Presumption of Equal Division

CaseIn re Marriage of Button v. Button, 131 Wis. 2d 84 (1986)

…an agreement is inequitable…if it is unfair either in its procurement or in its substantive provisions.

Fairness in procurement depends on two factors: whether each spouse makes fair and reasonable disclosure to the other spouse of his or her financial status, and whether each spouse enters into the agreement voluntarily and freely.

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