Will a WI court enforce a death-based agreement at divorce? | Sterling Law Offices, S.C. global $post;
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– from Stephen D. in Trenton, WI

Question Details:

My wife and I entered into an ante nuptial agreement that was to be enforced at death, at least that’s what I thought. We are about to go through divorce and now my wife tells me this agreement will occur at divorce as well. Will it be enforced?

Family Law Attorney Response:

Thank you for your question.

As discussed in Webb v. Webb 148 Wis.2d 455, 434 N.W.2d 856 (Ct. App. 1988), the courts will look at the original intent of any pre-marital agreement in order to determine whether or not the agreement applies at the time of divorce. If you can prove the original intent did not mean marriage, you have a stronger case.

Give me a call if you are in need of an attorney for this property division problem.


Dan Exner, J.D.

Family Law Attorney

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