Wisconsin prenup agreements allow spouses to avoid Wisconsin’s marital property rules upon filing for divorce or separation. Wisconsin law says that each spouse owns one-half of all marital property. However, what is considered “marital property” during a marriage is different at divorce. The definition for divorce is far broader, even covering property titled to only one spouse, or property owned before the marriage. If you wish to protect assets from equal division at divorce, you should strongly consider a Wisconsin prenup.
This is particularly true for spouses marrying late in life, or who received valuable gifts or inheritances. A Wisconsin prenup also sets expectations for each spouse’s financial contributions during the marriage. The agreement should be drafted far before the wedding. Both spouses should be aware of each other’s assets, and the effect on their rights. A poorly-drafted Wisconsin prenup has a greater chance of being dismissed. The standards to uphold a Wisconsin prenup are rather strict, so you should consult with a qualified lawyer to ensure proper drafting.
A prenuptial agreement does force you, as a couple, to talk about very important topics beforehand. The agreement itself is designed to protect both parties throughout the marriage and in the event of divorce. If having a legal, binding document gives you additional confidence to move forward with the marriage, consider contacting an attorney to draft your prenup.
If you signed a Wisconsin prenup, and wish to challenge its validity, you must consult with an experienced family lawyer. Legal challenges to prenups are extremely fact-driven.
Disclaimer: The above information is provided as general information, not as legal advice, and does not create an attorney client relationship. Before making any decisions regarding legal matters, individuals should consult with a qualified attorney.