All other agreements between spouses that do not violate laws or public guidelines in Wisconsin. A «legal choice» over the jurisdiction in which the agreement is interpreted (i.e. under the laws of Wisconsin or another state). Under Wisconsin law, a marriage contract, commonly referred to as «Prenup,» is an enforceable legal contract signed by both parties that controls what happens with the property when the marriage ends in divorce. A pre-marital contract is only enforceable when the two parties are married. A prenupation intersects the assets and finances of the parties and describes in detail how this property is treated in the event of a divorce. The agreement protects both the party`s assets in the event of a divorce and ensures a result known to all parties involved. 766.585 Wedding contracts before the destination date. (12) (a) This chapter does not concern the provision of an earlier state taking signed by spouses or unmarried persons who then married each other, which affects the property of one of the two persons and which is enforceable by both persons without reference to this chapter, unless otherwise provided by a conjugal agreement reached after the date of establishment. b) Where a spousal property contract amends or removes spousal assistance to provide public assistance to a spouse at the time of dissolution of marriage or termination of marriage by death, the court may require the other spouse or the other spouse`s estate to provide the assistance necessary to avoid that claim, regardless of the marriage contract.
In the case of Button v. Button, 131. Wis.2d 84, 388 N.W.2d 546 (1986), the standard has been set to determine whether agreements are fair. Marriage or post contracts are unfair if the agreement does not meet any of the three conditions: each spouse has disclosed his financial status to the other appropriately and adequately; Each spouse entered into the agreement on a voluntary and free basis; and the material provisions of the agreement, which separate the estate after divorce, are fair to any spouse. (a) the rights and obligations relating to the ownership of one or both spouses, when and where they are acquired or originally acquired; b) management and control of the assets of one or both spouses. (c) the transfer of one or both spouses after dissolution or death, or after the arrival or non-arrival of another event.