Wisconsin Prenuptial Agreement Form

It is no secret that family life is not always happy; sometimes, people even file for divorce. Despite the same values, views, and life plans, married couples quarrel and then one day realize their marriage is doomed to fail. Therefore, we recommend you consider signing the Wisconsin Prenuptial Agreement if you are a resident of the state. It regulates future spouses’ property rights and obligations in the marriage and after its termination.

In Wisconsin, the prenuptial agreement form is an official document concluded by a couple to clarify the distribution of property and personal assets. Usually, future spouses sign such a contract to settle property issues in the event of death or divorce.

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In general, not every marriage requires a prenuptial contract. It all depends on the preferences and goals of the couple. However, such a document is useful for couples who bring separate properties to the marriage. It may also help spouses with children from previous marriages or in situations of significant income inequality.

Note that a mandatory demand of the contract is its voluntary nature and mutual consent of the parties. No one can force you into signing it, much less blackmail or threaten you. It is not fair and entails legal proceedings.

The agreement must disclose all data about your current financial situation. The structure of prenuptial agreements is more or less the same in all US states and consists of the following elements:

  • Basic information. This section includes bibliographic data, as well as the date of marriage commencement.
  • Demands and conditions. The prenup addresses financial issues and the issue of divorce or death. It is mandatory to fulfill the conditions and requirements. Therefore, make your wishes and requirements as realistic as possible.
  • Date and signature. After filling out the document, ensure you put down your signature and current date. Without those, the agreement will be invalid and non-binding.

Both parties can seek legal counsel to look over the drafts of the prenuptial contract before signing. It helps to avoid mistakes and understand the legal process better. Thus, the prenup is an excellent tool and basis for solving property issues in critical situations.

Below is a comprehensive guide to the legal aspects and other peculiarities of these agreements.

Wisconsin Prenup Laws and Requirements

Back in 1983, the United States adopted the Single Law on Premarital Agreements. To date, many states have adopted it, although some have not. Wisconsin only takes some provisions of this law into account. So, for the prenuptial agreement to be valid and enforceable, you must meet the following requirements:

  • The contract must be in a written form.
  • The agreement must be voluntary and fair.
  • The spouses must put down the date and signatures and a sign of consent.
  • Financial information must be absolute and complete.

So, these are the basic requirements for premarital contacts. Use the contract to simplify the divorce process after discussing all the details with your future life partner in advance. Do not forget that the court makes the final decision, and its execution is mandatory.

Refer to Section 767.61(3)(L) of the State for more legal provisions Code for more legal provisions.

Signing Requirements

The mandatory requirements for signing the contract are the voluntary consent and signatures of the parties. Otherwise, the demands of the spouses-to-be depend on their respective goals and desires. The court plays the control and supervision role. If you doubt whether you should conclude the prenup, contact a local family law attorney for advice.

Enforceability

The enforcement of the Wisconsin Prenuptial Agreement is not affixed in any local legislature. However, prenuptial contracts are legally invalid if one of the spouses signed the agreement involuntarily.

Court Refusal

Since the prenuptial contract is a legal document, the control mechanism is carried out by the higher court. The state court obtaining jurisdiction over the case has the right to declare it invalid or binding. Therefore, carefully read and compile the conditions of the agreement. After marriage, the spouses can change, null, or even terminate this contract.

What Prenups Can Cover

Prenuptial agreements have a wide range of applications. They are intended to settle property issues between the spouses and handle the purchase-sale transactions. Besides, they are aimed at solving the division of property in the event of death or disability.

Usually, the covenant does not touch on minor custody matters or alimony payment; they are beyond the scope of prenuptial agreements. Such decisions are made only by the family law judge. Unfortunately, this is a requirement in the state of Wisconsin.

Property Type

In this state, the property that the couple acquires during their marriage is recognized as common. Therefore, the court will divide the property fairly, relying on the local legal norms and laws.

Published: Feb 25, 2021