Wisconsin Prenuptial Agreements
Can You Get a Prenup in Wisconsin?
Under Wisconsin Law, a prenuptial agreement, commonly referred to as a, “prenup,” is an enforceable legal contract signed by both parties which controls what happens to property in the event the marriage ends in divorce. A premarital agreement is only enforceable once the two parties are married. A prenup will list out the assets and finances of the parties and detail how that property will be dealt with in a divorce. The agreement both protects the party’s assets in the event of a divorce and ensures a known outcome for everyone involved.
There are rules that address what can and cannot be included in a premarital agreement. For example, a premarital agreement by statute cannot include conditions or modifications to the right to child support. What often is included in the agreement is what happens in the event of a divorce such as:
- Spousal support
- Property division
- Happens to the property upon the death of one of the parties.
Divergent Family Law can help you at any step of the Wisconsin divorce process including:
How to Get a Prenup?
Some questions we ask our clients to think about include:
- The length of ordered spousal support?
- What happens to your retirement plan in the event of divorce?
- In the event of a potential divorce, do you want to go into mediation first?
- Who gets what property?
These questions sometimes lead to more questions. Our attorneys are happy to sit down with you and go through everything to make sure everything is covered.
A premarital agreement is a contract, but sometimes premarital agreements are not enforceable because the courts find the contract to be unconscionable, meaning that it was defective at the time is was signed.
This could be for several reasons such as:
- If the terms were unreasonable
- If one of the parties had greater bargaining power than the other.
- If one party does not disclose or is dishonest with the disclosure of their assets.
Our attorneys at Divergent Law are experienced in drafting and negotiating prenuptial agreements. We can help you draft a new premarital agreement or review an existing premarital agreement. We can also counsel you on whether the premarital agreement that you are asked to sign is fair to you.
Divergent Family Law can help you at any step of the Wisconsin divorce process including:
- Filing a petition
- Temporary orders
- Mediation
- Child custody and placement
- Child support
- Spousal support
- Courtroom trial
- Appeals
- Annulments
- Prenups
- Paternity