Can I Fight Our Wisconsin Prenup?

 Posted on August 24, 2022 in Family Law

Engaged couples often create prenuptial agreements during a blissful, romantic period. While they may have felt themselves to be sensible at the moment, many years of marriage can fundamentally change a couple’s circumstances such that a previously signed prenup may no longer be fair or reasonable. Other times, a spouse will have signed a prenup under pressure from a partner or the partner’s parents, making the prenup unfair from the beginning. While fighting a prenup in Wisconsin civil court during divorce is not easy, there are conditions under which a marital agreement may be contested. 

When Can a Prenup Be Contested in Wisconsin?

In order for a prenup to be enforceable, Wisconsin law says the agreement must be equitable for both parties. The assumption is that any given prenuptial agreement is equitable unless proven otherwise, meaning the spouse who wants to fight the prenup will have to prove it is unfair. 

Situations in which a prenup may be contested include: 

• A prenup that discusses child support or custody, which are off-limits for prenuptial agreements. If a prenup does address these issues, a court may decide to negate the clause dealing with child support or custody while affirming other parts of the agreement

• A prenup was not in writing or was not signed by both spouses

• A prenup was not seriously signed in contemplation of marriage (such as a prenup that was signed five years before a marriage took place)

• A prenup that was signed because one spouse forced the other spouse to sign it

• A prenup that is grossly unfair to one spouse

• A prenup that failed to fully disclose the properties and debts of both parties 

While it may be easy to prove some of these things, such as an unsigned or forged prenup, others can be more difficult to prove. For example, if a spouse wants to fight a prenup because her partner’s parents surprised her with it a week before the wedding and made the wedding conditional on the prenup being signed, it may be difficult to prove this unless an attorney was contacted or witnesses can support the spouse’s allegations. An attorney can assess your situation and, if appropriate, help you gather evidence to prove your prenup should be thrown out.  

Call a Milwaukee, WI Prenuptial Dispute Lawyer for Help

Prenuptial agreements are often signed under duress or when the spouse does not have a full picture of the terms he or she was agreeing to. If you are getting divorced and want to fight your prenuptial agreement in court, schedule a free consultation with the Milwaukee County prenuptial dispute attorneys with Bucher, Wolff & Sonderhouse, LLP. We are experienced in what makes prenups enforceable and will fight for your rights under Wisconsin law. Call us today at 262-232-6699. 

Source: 

https://docs.legis.wisconsin.gov/statutes/statutes/766/58/13/c