Premarital & Antemarital Agreements

A Premarital Agreement and a Prenuptial Agreement are the same thing. Completed a few weeks before marriage, these agreements are made in contemplation of marriage. There are as many ways to set up a premarital agreement as there are assets. The more complex the more you should expect to spent.

With no agreement all property brought into the marriage and all property acquired during the marriage (except gifts and inheritances from others) are considered marital property.

There are two basic and common agreements. The first is where what is brought into the marriage remains individual or non-marital property and all that is acquired during the marriage is marital property. The other is where all property is classified as individual property of one of the parties.

An Antenuptial or Post-marital Agreement is one made by the parties after the parties have married.

Under Wisconsin law, these agreements are favored as long as the parties have treated one another fairly and equally. This means both parties have to fully disclose all assets, liabilities, income and expenses to one another. An agreement is not valid if there is no schedule of assets and debts. Further, both parties have the absolute right to seek legal counsel of their choice for advice and representation.

Although an attorney can talk to both parties the attorney cannot represent both parties. One of the parties must seek out their own legal counsel.

Our attorney can draft these agreements for you. After a consultation or two a document can be drafted that complies with your desires and Wisconsin law.