Structure
In the realm of marriage and family law, the Wisconsin Prenuptial Agreement form serves as a vital tool for couples seeking to establish clear financial boundaries and expectations prior to tying the knot. This legally binding document allows partners to outline the division of assets and debts, thereby providing a safety net in the event of a separation or divorce. Key aspects of the form include the identification of each party's individual property, the designation of marital property, and provisions for spousal support, if applicable. Additionally, the form addresses issues such as inheritance rights and the treatment of future earnings, ensuring that both parties have a comprehensive understanding of their financial rights and obligations. By engaging in this proactive approach, couples can foster open communication about their financial goals and mitigate potential conflicts down the line. As relationships evolve, the importance of revisiting and possibly revising the prenuptial agreement cannot be understated, making it an essential consideration for those planning a future together in Wisconsin.
Form Example
Wisconsin Prenuptial Agreement Template
This Prenuptial Agreement (the "Agreement") is entered into on ________ (the "Effective Date"), by and between ________, hereafter referred to as "Party A", and ________, hereafter referred to as "Party B".
WHEREAS, Party A and Party B are planning to marry under the laws of the State of Wisconsin; and
WHEREAS, both parties wish to establish their respective rights and responsibilities regarding their individual and joint property both during their marriage and in the event of a divorce;
NOW, THEREFORE, in consideration of the forthcoming marriage, and in accordance with the Wisconsin Marital Property Act (Wis. Stat. § 766), the parties hereby agree as follows:
- Disclosure of Assets and Liabilities
Each party has fully disclosed to the other their current financial status, including all assets and liabilities. Attached hereto as Exhibit A and Exhibit B are the financial statements of Party A and Party B, respectively. - Separate Property
The parties agree that property listed in Exhibit A and Exhibit B, under each party’s name, will remain the separate property of that party through the marriage and will not be subject to division upon divorce. - Marital Property
The parties may acquire property jointly during their marriage. Such property will be considered marital property and will be divided equally between the parties in the event of a divorce, unless otherwise agreed upon hereinafter. - Spousal Support
In the event of divorce, spousal support will be determined based on the terms outlined in this Agreement or as otherwise agreed upon by the parties at that time. - Amendments and Revocation
This Agreement may only be amended or revoked by a written document signed by both parties. The intention to amend or revoke must be mutual and intentional. - Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. - Signature
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. Party A Signature: _______________ Date: __________
Party B Signature: _______________ Date: __________
This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
File Specifications
| Fact Name | Description |
|---|---|
| Definition | A prenuptial agreement in Wisconsin is a contract made by two individuals before marriage that outlines the division of assets and responsibilities in the event of a divorce. |
| Governing Law | Wisconsin's prenuptial agreements are governed by Chapter 766 of the Wisconsin Statutes. |
| Enforceability | For a prenuptial agreement to be enforceable in Wisconsin, it must be in writing and signed by both parties. |
| Full Disclosure | Both parties must fully disclose their financial situations. Lack of transparency can lead to the agreement being challenged in court. |
| Independent Legal Counsel | While not required, it is advisable for each party to seek independent legal counsel to ensure their interests are protected. |
| Modification | A prenuptial agreement can be modified after marriage, but any changes must also be in writing and signed by both parties. |
| Judicial Review | If a dispute arises, a court may review the agreement for fairness and legality at the time of signing. |
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