Download Wisconsin Prenuptial Agreement Form [PDF]

The Wisconsin prenuptial agreement is a legal document signed between the future spouses for the purpose of regulating their financial relationship.

The spouses don’t only use the prenuptial agreement after marriage. The agreement can also specify the rights and obligations of each spouse in relation to the property obtained during the marriage.

A prenuptial agreement should be created if one or both parties have accumulated certain assets before entering the marriage and want to keep them as individual property. In addition to that, the parties can also create a prenuptial agreement if one of the parties has acquired certain liabilities before the marriage and wants to keep them apart from the marital property.

Laws and Legal Requirements for a Prenuptial Agreement in Wisconsin

The laws and legal requirements for a prenuptial agreement in Wisconsin are all outlined in the state law and precedents established by the courts. The main reason for this is the fact that Wisconsin hasn’t incorporated the provisions of the Uniform Premarital Agreement Act.

The main case in Wisconsin that establishes the legal framework for the prenuptial agreement is In re Marriage of Button v. Button, 131 Wis. 2d 84 (1986).

It provides that:

“Fairness in procurement depends on two factors: whether each spouse makes fair and reasonable disclosure to the other spouse of his or her financial status, and whether each spouse enters into the agreement voluntarily and freely. Obviously, these two factors are determined as of the date of the execution of the contract. If the parties fail to satisfy either of these factors, the agreement is inequitable [...].”

Signing Requirements for a Prenuptial Agreement in Wisconsin

Signing requirements for a prenuptial agreement in Wisconsin provide that the document should be in written form. Moreover, both parties to the agreement should sign the document.

The parties should also consider signing the document before the notary public. Although this step is not mandatory, it will provide extra security for the parties and additionally confirm the authenticity of the document.

Prenuptial Agreement Enforcement in Wisconsin

The state law provides that the prenuptial agreement will be enforceable without consideration. This means that the mutual benefit of the parties is not an essential requirement for the enforcement of the prenuptial agreement.

Moreover, the court will declare the prenuptial agreement unenforceable if one of the parties proves that:

The court has exclusive jurisdiction over determining the fairness of the prenuptial agreement.

What Can a Prenuptial Agreement in Wisconsin Cover?

A prenuptial agreement template in Wisconsin can cover any matter connected with the financial relationship of the future spouses.

Below, you can see the matters that are most commonly regulated by the Wisconsin prenuptial agreement:

Prenuptial Agreement in Wisconsin Validity Criteria

The first validity criterion for the prenup agreement is connected with the formality criteria. This implies that if neither party signs the prenuptial agreement, it is considered invalid.

Moreover, the existence of the marriage also has consequences for the validity of the document. This means that the prenup agreement will be considered invalid if the parties don’t get married after signing it.