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Question Details:

My wife and I signed a prenuptial agreement before our marriage. We now are looking to go through a divorce and she doesn’t agree with our prenuptial agreement as she claims I never gave her my financial records. She knew where they were in our house and where in my apartment they were located before our marriage. She should have looked at them and I thought she did. Is it on my end to make sure she knew about my financial records?

Family Law Attorney Response:

It is your responsibility that the opposing party knows and understands your financial records.

In Schumacher v. Schumacher 131 Wis.2d 332, 388 N.W.2d 912 (1986), the supreme court said imputed knowledge does not suffice when disclosing financial status to another party, there must be actual knowledge. Even if your wife had access, it is still your responsibility to ensure she understands and knows of your status.

If you have any more questions, feel free to call.

Dan Exner, J.D.

Family Law Attorney

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Sterling Law Offices, S.C.
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