Family, Criminal & Children's Court Attorneys Since 1991

Do You Need A Prenuptial Agreement?

A prenuptial agreement can provide a sense of security for a couple before they formalize their marriage. In order to create a valid and enforceable agreement, it is necessary to examine both parties’ finances. This examination can help both parties understand their finances and properly set expectations for a division of assets in the event of a divorce.

You should always consult an attorney prior to signing a prenuptial agreement. At Thelen & Associates, LLC, we can help with any aspect of it.

Property Classifications

Division of property in Wisconsin is premised on a 50-50 split of assets and debts. A prenuptial agreement can reclassify that property per your agreements.

A prenuptial agreement can help clarify the property that the couple wants to keep separate. It can help keep it separate during and after the marriage. A prenuptial agreement is also often used to protect the property rights of children from a prior marriage.

Postnuptial Agreement

A postnuptial agreement is a similar agreement, but it is created during a marriage. It is subject to the same constraints as a prenuptial agreement.

Advice Of Counsel

When you are considering a prenuptial agreement prior to marriage, you should have independent counsel. By having your lawyer review the agreement, you can protect yourself from future litigation that can otherwise happen when an agreement is not valid or a spouse says they did not understand what they were signing at the time.

Timing Of Agreement And Duress

Because of the significant property rights that can be affected by a prenuptial agreement, it is important that these issues not be raised at the eleventh hour before the wedding. A prenup agreement that was signed on the eve before the wedding with one spouse lacking advice of counsel is highly vulnerable to challenge in court later on.

Contact Our Firm

We can help you understand how these agreements function in Wisconsin and protect your rights in the event that you pursue divorce in the future. Call our Waukesha office at 262-200-8002 or use our online form to request an appointment with an experienced prenuptial agreement lawyer.