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prenup lawyers wisconsin

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:

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:

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:

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: 

Contact Divergent Family Law today to discuss your spousal support arrangement.
Hot to ask your partner for a prenuptial agreement in Wisconsin

How to Ask Your Significant Other for a Prenuptial Agreement

Prenuptial agreements (commonly referred to as “prenup”) used to be considered only for the rich and famous, but now more than ever, they are becoming very popular among everyday couples who simply want to protect their assets, and themselves.  Breaking it down to basics, a prenup is a contract that outlines what will happen in the event a marriage is not successful.  This is drafted between two parties who intend to marry but are not yet married.

Discussing a prenup can be incredibly awkward to bring up as you are planning for marriage and don’t want to discuss divorce. However, it is imperative that you have an open and honest conversation about a prenup, even if you ultimately decide not to follow through with it.

Here are some suggestions on how asking for a prenup can be as painless as possible:

Make sure to have the conversation at an appropriate place and time.

Breaching the subject of a prenup can be a difficult task, so you will want to ensure you time the conversation accordingly. It is best to bring up the subject early in the engagement rather than close to the wedding date.  This allows both parties to have time to digest the request and draft a document that works best for both sides. Avoid bringing it up in response to an argument or over a romantic dinner.  Best practice is to opt for a comfortable and neutral location, like your home, when both parties are not at odds with one another and you have plenty of time to talk about a prenup.

Be sure to make it a discussion, not a demand.

Like many difficult topics, it is all about how you approach it with your significant other. You may want to float the idea out there asking if the other has ever thought of the idea of a prenup.  Coming across as a ‘food for thought’ conversation opposed to demanding that you need one will help keep feelings light and an open mind.

Draft the agreement together

After you and your significant other have had a lengthy discussion regarding the prenup, both parties should work together with a lawyer to draft a prenup that both parties agree to. When both parties have a say and feel like their side is being heard, the end results tend to be much better.

For more info on the best way to discuss a prenup with your significant other and how to create a fair prenup, contact one of our experienced family law attorneys today!

Divorce

When a couple decides to end their marriage, the legal action can take multiple routes. If they are able to come to an agreement about all of the required details, including division of assets, child custody, placement, and alimony, then they can apply for an uncontested divorce.

In many cases, property division and child custody are emotional decisions to make. Divorce mediation or a court proceeding may be the only way to reach a mutual agreement. A collaborative divorce occurs when the two parties are able to finalize a divorce through negotiation or mediation. A contested divorce occurs when the parties cannot reach an agreement, in which case the divorce case must go to trial and a judge will rule a final, indisputable hearing.

 

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Experienced Wisconsin family divorce attorney
Child Custody

It is important to remember that no matter what a parent wants for the outcome of a custody case, any final decision will be made with regards to the child’s best interests before any other factors are taken into consideration.

The term “custody” is often used as a general term regarding the amount of time that a child will spend with each parent or guardian, as well as the degree of legal power each parent or guardian has over decisions relating to the child’s life, such as medical treatments, religious and educational preferences, and more. However, Wisconsin separates these decisions into two areas, “custody” and “placement.” Custody refers specifically to the legal right that a parent has in decisions regarding the care and upbringing of the child. Custody can be either shared or sole, depending on the court's decision.

 

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Wisconsin divorce attorney specializing in child custody
Placement

Placement refers to the arrangement between parents or guardians regarding how the child’s time is shared between the two parties. The child’s welfare is the primary consideration when the judge makes the final decision. Placement can be designated as primary, shared, or split. Primary placement is granted to the parent or guardian that the child spends the most time with. Shared placement refers to each parent dividing the amount of time the child spends with them. Split placement is a third option when multiple children are involved. Each child receives his or her own specific schedule.

 

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Milwaukee child placement family attorney
Child Support

In order to ensure that the child support payments are fair, the judge will explore all of the relevant details, such as the income and financial stability of each parent, as well as which parent will have the majority of the financial responsibility for the children.

Child support payments may be required until the child turns 18, or there may be other circumstances that extend the payments beyond their 18th birthday depending on the child's needs. Parents can also request for their child support agreement to be reevaluated in court. To see an estimate of your monthly child support payments, use our Wisconsin child support calculator.

 

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Milwaukee child support lawyer and mediator
Alimony

Alimony is often confused for child support, and while each involves a payment going from one spouse to the other, the similarities end there. Alimony is a payment that is made from the most-financially stable spouse to the dependent spouse for a set period of time. These payments are intended to give the dependent spouse an opportunity to adjust to their life without the ability to rely on their spouse’s income.

Alimony payments are determined by the current financial circumstances of each spouse. The agreement can always be renegotiated if one of the parents goes through a major income change. In particular, if the recipient of the alimony remarries, they may lose the spousal support payments. The terms of the agreement are clearly outlined by the lawyers or judge.

 

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Wisconsin family lawyer for alimony cases
Father's Rights

In situations involving unwed parents, the father may find that they have very few legal rights over their child. In these cases, it is especially important for the unwed father to partner with a family lawyer who can help him navigate his situation.

In addition to issues strictly pertaining to legal rights over a child, father’s rights also include issues like paternity tests, contesting adoptions or custody-related decisions, visitation, or instances where the father would like to terminate their rights. No matter the problem, if you need legal help as a father, we're here to help.

 

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Family attorney to protect father’s rights
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