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:
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 Family 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.
There is often a negative connotation when people talk about prenuptial agreements, but in reality, they can be very beneficial and it’s worth understanding how they work and your options within a prenuptial agreement.
People commonly associate prenuptial agreements with a lack of trust in the relationship. They tend to believe having a prenuptial agreement is an indicator of an inevitable divorce. However, this could not be more false. Parties with prenuptial agreements show they have specific ideas of how they want to manage their assets. Utilizing a prenuptial agreement should not be thought of as evidence of a lack of trust or an anticipation of a short-term marriage. Rather, the early communication you have with your future spouse about the agreement is a great way for each person to understand each other’s expectations.
We all have assets we hold valuable. Should a divorce ever ensue, a prenuptial agreement can spell out a plan to divide and manage these assets. If you wanted to, you could have language in the agreement that indicates you would like to keep your collection of signed sports jerseys, or any other asset you value, in the event of a separation.
Prenuptial agreements are not only beneficial in the event of a divorce. You could potentially be laying a foundation to avoid divorce when you set aside time to talk about how you want to handle your important assets. Candid conversations about spending and money management before the marriage can promote healthy communication and improve your relationship heading into marriage.
Prenuptial agreements will be just as beneficial for one spouse as it will be for the other. Just like in any contract, it is always to your benefit to hold up your end of the deal if your spouse does not, and you’ll likely be entitled to additional compensation.
The exact opposite is actually true. Most courts in Wisconsin uphold prenuptial agreements. A court may not uphold an agreement if the paperwork was incorrectly completed or executed. Additionally, courts may not uphold an agreement if they feel it would be unconscionable to do so given the circumstances of the parties at the time of divorce. If you plan to sign a prenuptial agreement before getting married, enlist help from Divergent Family Law to make sure you are meeting all of the requirements.
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:
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.
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.
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!
References: Marital property agreements. Wisconsin State Legislature: 766.58 (2025)
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