– from Ann Y. in Brown Deer, WI

Question Details:

My husband and I married nearly 15 years ago. We signed a postnuptial agreement early on stating that we would each walk away with the estate we had when we entered into our marriage. We were both fairly equal when it came to money and property. Since then, we've had three children and I lost most of my property and money due to various reasons. Some inherited finances were also used for living expenses. Even though our circumstances have changed, will the postnuptial agreement still stand?

Family Law Attorney Response:

There is no guarantee, but there's a decent chance the agreement might not be enforced. I do not know all of the circumstances surrounding your case, but postnuptial agreements are not the final word in many cases. This is due to the fact that your situations have changed since it was first signed. Therefore, if this contract creates an unequal balance between you and your husband, the court may not recognize it. This is especially true when children are born after the signing of a prenuptial or postnuptial agreement.

This is evidenced in the case of Brandt v. Brandt 145 Wis. 2d 394, 427 N.W.2d 126 (Ct. App. 1988). In this situation the court ruled that the postnuptial agreement was not valid based on several circumstances. One being that children were born after the creation of the contract, thereby creating a significant change of circumstance.

My advice to you is to contact an experienced family law attorney right away to discuss the matter further and in detail.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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