– from Antonio K. in Newburg, WI

Question Details:

My wife and I signed a prenuptial agreement which we both thought was fair. We are now looking at getting a divorce, and my wife thinks the prenuptial agreement is unfair. We both signed and understood what the agreement was but is there still a chance it can be revoked?

Family Law Attorney Response:

Prenuptial agreements are legally binding unless the court finds an agreement to be inequitable.

In Antuk v. Antuk, 30 Wis.2d 340, 387 N.W.2d 80 (Ct. App. 1986) discussed this topic. Within the case, the court of appeals said prenuptial agreements assure that the other will preserve separate estates which they bring to a marriage or which they thereafter acquired unto each of them without a claim. If an agreement expressly covers any property acquired by either prospective spouse before or after their marriage, the parties contemplated the appreciation attendant to such an asset to be covered by the agreement.

Give me a call so we can discuss the property division agreement and see what the best next step for you is.

Dan Exner, J.D.

Family Law Attorney

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