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All property in a divorce case in Wisconsin, whether acquired before the marriage or during the marriage is considered marital, and therefore subject to division at the time of the final divorce.
Under Wisconsin Law, a prenuptial agreement, commonly referred to as a, prenup, is an enforceable legal contract signed by both parties which controls what happens to property in the event the marriage ends in divorce. A premarital agreement is only enforceable once the two parties are married.
For a prenuptial agreement to be valid in Wisconsin, all of the following requirements must be satisfied: The agreement has to be in writing and signed by both parties. The agreement does not have to be supported by consideration.
The signing party must have full knowledge of the other spouses property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.
If the court examines a prenup and determines that the document itself seems suspect, or one of the parties presents evidence that the prenup was signed under threat or coercion, the court will deem it invalid. Additionally, both parties must have at least seven days to consider the terms of the prenup before signing.
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One of the most frequently asked questions divorce attorneys hear is How will our assets and debts be divided in the divorce? In Wisconsin, the presumption is that all property owned by the spouses, or either of them individually, is marital property regardless of how it is held or titled.
Property acquired before marriage is considered the individual property of the spouse who acquired it. However, property can lose its individual property status if it has been co-mingled with marital property.
Property acquired before marriage is considered the individual property of the spouse who acquired it. However, property can lose its individual property status if it has been co-mingled with marital property.
In Wisconsin, all debts incurred by either spouse during or before the marriage are generally presumed to be shared marital debt in a divorce. Thus, a spouse can be held liable for any debts incurred by the other spouse, regardless of whose name is attached to the debt.
Bottom line is no prenup is ever 100 percent guaranteed. Admittedly prenups are not perfect and dont account for the passage of time, adding they are invalidated by the court a little less than 50 percent of the time.

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