What Constitutes a Valid Prenuptial Agreement in Wisconsin?
Wisconsin prenuptial agreements serve as a binding contract to establish both asset and debt division prior to a marriage ceremony taking place. A premarital agreement can also divide property assets for potential heirs upon the death of the marrying couple.
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Filing Procedures
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Wisconsin law does not mandate filing procedures, but if the agreement should become necessary, the court reviews both the wording and circumstances under which the document was created and stored. State law considers the prenuptial agreements legally binding if both parties entered into the creation of the document without being coerced and informed of the ramifications. There is no waiting period between the time the prenuptial contract is signed and the marriage date.
Self-Authored Agreements
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An attorney is not required to create a premarital agreement, but the document must be signed by two witnesses. Self-authored agreements will hold less weight in court should one party decided to dispute the agreement later.
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Document Contents
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Both monetary and non-financial issues can be included in a Wisconsin premarital agreement. An agreement can include child bearing and raising agreements, pet custody and division of household responsibilities. Non-financial agreements are not typically legally binding, but demonstrate the initial intent of the couple.
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References
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