Free Wisconsin Prenuptial Agreement Template

A Wisconsin prenuptial agreement is a marital property agreement that people intending to marry sign before the wedding. Wis. Stat. § 766.58 governs these agreements, which take effect only upon marriage.

Wisconsin’s marital property law sets specific rules for these agreements.

Signed by Both

Under § 766.58(1), the agreement must be a document signed by both spouses, and only the spouses may be parties. No consideration is required. Meanwhile, § 766.58(5) lets people intending to marry sign one as if married.

What It Can Cover

Section 766.58(3) covers property rights, management, and disposition at divorce or death, along with spousal support and choice of law. It also allows property to pass at death without probate to a named person, trust, or entity. However, § 766.58(2) protects a child’s right to support.

Changes and Recording

Only a later marital property agreement can amend or revoke one. In addition, § 766.58(11) lets couples record the agreement with the county register of deeds.

Support Limits

A support change during marriage can’t leave a spouse without necessary and adequate support. If a waiver would make a spouse eligible for public assistance at divorce or death, a court may require the other spouse or the estate to provide support.

Under § 766.58(6), a spouse can defeat the agreement by proving any one of three things:

• It was unconscionable when made
• That spouse didn’t sign voluntarily
• Before signing, that spouse lacked both fair and reasonable disclosure and notice of the other’s property or financial obligations

Section 766.58(8) makes unconscionability a question for the court. It also says sharing one lawyer, or having only one party represented, doesn’t by itself make the agreement unconscionable.

Timing matters after a death, too. If an estate is opened, any action concerning the agreement must generally come within 6 months after the inventory is filed.

So a Wisconsin prenuptial agreement works best with honest disclosure, a voluntary signing, and fair terms.

1. Use the marital property agreement format. Both partners sign the document.
2. Share financial details. Disclosure and notice both matter under the statute.
3. Review support terms. Avoid leaving a spouse without adequate support.
4. Plan any transfers at death. Name who receives property outside probate.
5. Consider recording it. File with the county register of deeds if useful.

A Wisconsin prenuptial agreement commonly covers:

• Classification of each partner’s property
• Management rights over each partner’s assets
• Disposition at divorce or death
• Nonprobate transfers at death
• A disclosure schedule for each partner
• Both partners’ signatures