– from Craig U. in Fox Point, WI

Question Details:

Before our marriage, my wife and I created and signed a prenuptial agreement. We are on the brink of a divorce, and I want to make sure the agreement will still go into effect. When is a prenuptial agreement deemed one-sided?

Family Law Attorney Response:

Thank you for your question. I would like to hear more about you agreement to know if it is equitable or not.

In the case of Button v. Button, 131. Wis.2d 84, 388 N.W.2d 546 (1986), the standard was set for determining if agreements are equitable. Prenuptial or postnuptial agreements are inequitable if the agreement fails to meet any of the three requirements: each spouse has made fair and reasonable disclosure to the other of his or her financial status; each spouse has entered into the agreement voluntarily and freely; and the substantive provisions of the agreement dividing the property under divorce are fair to each spouse.

The first two requirements must be assessed as of the time of the execution of the agreement. The third requirement is also assessed as of the time of the execution of the agreement and, if circumstances significantly changed the agreement, then also at the divorce.

Give me a call to set up a consultation so we can discuss your agreement.

Dan Exner, J.D.

Family Law Attorney

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