– from Carol L. in Oak Creek, WI

Question Details:

My wife created a prenuptial agreement that I signed. Initially, I thought it was fair and manageable for both parties, but now a divorce may be looming in the future, and I do not agree with some of the stipulations made. Can I avoid it?

Family Law Attorney Response:

I need to know more about the prenuptial agreement you signed and why you do not agree with it. In general, prenuptial agreements should be followed, but they can be changed or disallowed under certain circumstances.

In the case of Hengel v. Hengel, 122 Wis.2d 737, 365 N.W.2d 16 (Ct. App. 1985), a wife went against her lawyer’s advice and signed a prenuptial agreement. At her divorce, she realized how the prenuptial agreement did not benefit her, however the court of appeals would not disallow the prenuptial agreement, as the ex-wife initially understood the agreement. The court of appeals advised that if you sign a prenuptial agreement, trial courts accept it if the agreement does not impair an obligation of contract and shows a fair test that it is equitable and enforceable.

I hope this answers your question about potential property division. If you have any more, give me a call so we can discuss.

Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image