Marital Property Agreements

Prenuptial Agreements in Wisconsin: Protecting Your Future

When it comes to marriage, understanding your legal options is essential, and a prenuptial agreement in Wisconsin is a powerful tool that every engaged couple should consider. Contrary to common misconceptions, prenuptial agreements aren’t solely for the wealthy. They serve as vital safeguards for individuals, regardless of their financial status, in the event of separation, divorce, or even the passing of a spouse.

Understanding A Prenuptial Agreement

in Wisconsin

In Wisconsin, property acquired during a marriage is termed “community property.” In divorce cases, family law judges use specific guidelines to equitably divide this property. A prenuptial agreement, often referred to as a premarital or antenuptial agreement, is a legally binding contract that individuals negotiate and sign to outline what will occur if their marriage ends due to separation, divorce, or death. By establishing the division of property in advance, prenups save couples from lengthy and costly legal disputes, encompassing assets like real estate, retirement accounts, jewelry, clothing, and vehicles.

Deciding if You Should Get a Prenuptial Agreement

What You Need to Consider

Engaged couples in various scenarios should consider obtaining a prenuptial agreement:

• If one or both spouses are entering the marriage with significant debts.
• If one or both spouses bring substantial assets into the marriage.
• If there is a significant wealth disparity between the spouses.
• If one or both spouses are remarrying or have children from previous relationships.

If you’re unsure about whether a prenuptial agreement is right for you, consult a local family law attorney for expert advice.

What a Prenuptial Agreement Can Include

in Wisconsin

Prenuptial agreements in Wisconsin can address several important issues, including:

• Rights and obligations regarding each spouse’s property, regardless of when or where it was acquired.
• Management and control of property for both spouses.
• Distribution of property upon divorce, death, or other specified events.
• Alimony provisions, with the caveat that they should ensure adequate support.
• Provisions for creating wills, trusts, or other arrangements aligned with the prenup.
• Property passing to a designated person without probate upon a spouse’s death.
• The choice of law to interpret and apply the agreement.
• Arbitration of disputes and any other financial matters not violating Wisconsin’s public policy or criminal law.

In Wisconsin, premarital agreements cannot limit or cap child support payments in the event of divorce, separation, or custody changes. Child support is determined by the child’s best interests, irrespective of any prenuptial agreement. Additionally, child custody decisions cannot be predetermined through a prenup. They are made by family law judges based on individual case circumstances and the child’s well-being.

Secure Your Future with Dahlberg Law Group

Drafting a prenuptial agreement in Wisconsin is a vital step in protecting your financial interests and securing your future. Whether you’re entering marriage with significant assets or simply want to establish clear guidelines, Dahlberg Law Group is here to help. Our experienced attorneys specialize in creating prenuptial agreements tailored to your unique needs, ensuring your rights and assets are safeguarded. Don’t leave your future to chance. Contact Dahlberg Law Group today and take the proactive step of securing your financial well-being.