Wisconsin Postnuptial Agreement Clauses

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US-APP1C
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Description

This document contains several post-nuptial agreement clauses. The subjects addressed are: Guarantee of support payments and the purchase of a second house as one spouse's separate property. The husband agrees to purchase a second house as wife's separate property in exchange for her waiver of all interest in his business venture.

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FAQ

Wisconsin law states that a prenup will not be enforceable where the terms of the agreement are inequitable as to either party. The law also provides that the court will presume any such agreement to be equitable as to both parties.

Although all states allow you to revoke a prenuptial agreement, some do not allow you to modify the agreement after marriage, and a postnuptial agreement will have limited or no effect.

What Is Typically Included In a Postnuptial Agreement?How the couple will divide property and other assets in the event their marriage ends.Whether one spouse will pay spousal support and how for long such support payments will be continued.More items...

A postnuptial agreement is generally accepted as equitable and enforceable upon divorce in the state.

With a postnuptial agreement, the couple is already legally bound and the spouses owe a fiduciary duty to each other. There may be a concern that the provisions in a postnuptial agreement were not bargained for because one spouse did not really have a choice about signing the agreement.

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.

In fact, prenuptial and postnuptial agreements can only include information about financial matters and so should not include terms related to family matters, physical arrangements, or employment. Instead, these issues will need to be settled outside of court or by a family law judge.

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Wisconsin Postnuptial Agreement Clauses