Jurisdiction:
Area of Law:
Question:
Selected Answer:
Submitted by DakotaLegal on
All Comments
Submitted by DakotaLegal on
Not only can prenuptials be simplified…we’ll talk about why yours should be simplified…meaning concise, clear, and plainly read. Every state has come around to now accepting pre-nuptial agreements as allowable by law, which is in your favor. That pre-nuptials are more widely accepted all over America may also be important if either of you move. Wisconsin itself is one of those states where courts have been taking more of a “hands off” approach, when it comes to defining what is (or isn’t) fair in love and nuptial agreements. http://www.calabresehuff.com/downloads/resources /PLANNING_ FOR_LOVE_THE_POLITICS_OF_PRENUPTIAL_AGREEMENTS.pdf. Some courts are more suspicious of pre-nuptials, no matter what they say, if only one lawyer represents both “sides.” If finding affordable legal help is an issue, try here… http://www.wisbar.org/AM/Template.cfm?Section=Wisconsin_Legal_Services_Agencies
Simplifying the Pre-Nuptial
Though the rules may seem a little complicated, the Wisconsin legislature has had to step in and try to simplify the outcome. Here is a place to see some of the basics for what the Wisconsin legislature calls “premarital agreements”: (Section 766.58)… http://docs.legis. wisconsin.gov/statutes/statutes/766.pdf, and you’ll especially want to look over Wisconsin Statutes Section 767.255(11).
Adding Tiers By Marriage Age
As mentioned above, courts in Wisconsin have historically taken the policy that a court is not the best place to settle issues of “fairness.” Here’s a court case, showing that Wisconsin courts explaining why they tend to look “at prenuptial agreements with favor rather than disfavor.” If you can meet three basic tests for your pre-nuptial, then you should be able to add tiers. Unfortunately for enforcing a pre-nuptial with tiers, the longer the marriage goes, the harder it may be to be sure your original terms are going to be fair and reasonable. What if one partner develops a later gambling problem, for example?
The Wisconsin Supreme Court in Button v. Button had some very well-reasoned guidelines, and three tests for courts to measure premarital agreements. That case set up a series of (a) procedural and (b) substantive fairness rules that are now used to look at prenuptial agreements under Wisconsin law, at section 767.255(11) in case of divorce.
When a couple signs the agreement, a court will look back and see if it met these three basic tests. An agreement probably meets the procedures of fairness tests, if it clearly meant:
1) each partner disclosed a fair and reasonable amount of information to the other one of their true financial state at the time; and,2) both partners entered into the agreement “voluntarily and freely.”
The agreement also has to meet what is called “substantive” fairness, by showing:
3) that when it was signed, the details in the marital property agreement that divide property would still be fair to each partner.
Agreements are presumed by the court to be equitable. The partner who wants to overrule a pre-nuptial agreement has to meet the burden of proof to show it was not fair. So if the partner does show the pre-nuptial agreement fails to pass any single one or more of the three tests mentioned here, the agreement is inequitable and will not be enforced.
How About A POST-Nuptial Agreement?
Some of what you may be looking for might (emphasizing “might”) be done with a post-nuptial agreement. As with the pre-nuptial, it should be discussed before marriage, to avoid consequential damage to the underlying goal of your marriage, love, and commitment. I’d also advise that you consider a post- or pre-nuptial in the context of your estate planning…particularly if you have already been married and have children from both marriages. Just as wills become outdated, so might your pre-nuptial.
Not only can prenuptials be simplified…we’ll talk about why yours should be simplified…meaning concise, clear, and plainly read. Every state has come around to now accepting pre-nuptial agreements as allowable by law, which is in your favor. That pre-nuptials are more widely accepted all over America may also be important if either of you move. Wisconsin itself is one of those states where courts have been taking more of a “hands off” approach, when it comes to defining what is (or isn’t) fair in love and nuptial agreements. http://www.calabresehuff.com/downloads/resources /PLANNING_ FOR_LOVE_THE_POLITICS_OF_PRENUPTIAL_AGREEMENTS.pdf. Some courts are more suspicious of pre-nuptials, no matter what they say, if only one lawyer represents both “sides.” If finding affordable legal help is an issue, try here… http://www.wisbar.org/AM/Template.cfm?Section=Wisconsin_Legal_Services_Agencies
Simplifying the Pre-Nuptial
Though the rules may seem a little complicated, the Wisconsin legislature has had to step in and try to simplify the outcome. Here is a place to see some of the basics for what the Wisconsin legislature calls “premarital agreements”: (Section 766.58)… http://docs.legis. wisconsin.gov/statutes/statutes/766.pdf, and you’ll especially want to look over Wisconsin Statutes Section 767.255(11).
Adding Tiers By Marriage Age
As mentioned above, courts in Wisconsin have historically taken the policy that a court is not the best place to settle issues of “fairness.” Here’s a court case, showing that Wisconsin courts explaining why they tend to look “at prenuptial agreements with favor rather than disfavor.” If you can meet three basic tests for your pre-nuptial, then you should be able to add tiers. Unfortunately for enforcing a pre-nuptial with tiers, the longer the marriage goes, the harder it may be to be sure your original terms are going to be fair and reasonable. What if one partner develops a later gambling problem, for example?
The Wisconsin Supreme Court in Button v. Button had some very well-reasoned guidelines, and three tests for courts to measure premarital agreements. That case set up a series of (a) procedural and (b) substantive fairness rules that are now used to look at prenuptial agreements under Wisconsin law, at section 767.255(11) in case of divorce.
When a couple signs the agreement, a court will look back and see if it met these three basic tests. An agreement probably meets the procedures of fairness tests, if it clearly meant:
1) each partner disclosed a fair and reasonable amount of information to the other one of their true financial state at the time; and,2) both partners entered into the agreement “voluntarily and freely.”
The agreement also has to meet what is called “substantive” fairness, by showing:
3) that when it was signed, the details in the marital property agreement that divide property would still be fair to each partner.
Agreements are presumed by the court to be equitable. The partner who wants to overrule a pre-nuptial agreement has to meet the burden of proof to show it was not fair. So if the partner does show the pre-nuptial agreement fails to pass any single one or more of the three tests mentioned here, the agreement is inequitable and will not be enforced.
How About A POST-Nuptial Agreement?
Some of what you may be looking for might (emphasizing “might”) be done with a post-nuptial agreement. As with the pre-nuptial, it should be discussed before marriage, to avoid consequential damage to the underlying goal of your marriage, love, and commitment. I’d also advise that you consider a post- or pre-nuptial in the context of your estate planning…particularly if you have already been married and have children from both marriages. Just as wills become outdated, so might your pre-nuptial.