Prenuptial agreements, commonly referred to as “prenups,” are legal agreements that couples may enter into before marriage. A prenup may protect assets belonging to either spouse and determine how certain issues will be handled if the couple chooses to get a divorce.

While these agreements can be valuable tools for protecting the interests of both parties, there are circumstances under which a court in Wisconsin may declare that a prenup is invalid. Understanding these circumstances is essential to anyone who is considering writing a prenup or anyone who already has a prenup and is considering divorce. An experienced Milwaukee family law attorney can provide guidance on how to ensure that the agreement will be enforceable.

Understanding Prenuptial Agreements

Under Wisconsin law, prenuptial agreements are known as marital property agreements. These agreements can clarify the financial rights and responsibilities of each party during marriage. A prenup will typically cover issues such as the rights of each party concerning different assets and the division of marital property in a divorce. It may also make decisions about spousal support, inheritance rights, and other financial concerns. The enforceability of a prenuptial agreement will often depend on whether specific legal criteria were met at the time the agreement was signed.