– from Norma R. in Hartland, WI

Question Details:

My husband and I signed a prenuptial agreement. Now that we are on the verge of the divorce, I want to back out of the agreement. What does Wisconsin do in order to figure out whether the prenuptial agreement was fair or not?

Family Law Attorney Response:

Thank you for your question.

As discussed in Warren v. Warren, 147 Wis.2d 704, 433 N.W.2d 295 (Ct. App. 1988), Wisconsin follows a test that the trial court must perform on a prenuptial agreement. The trial court must determine whether, before the signing of the agreement, both parties were able to reasonably predict a particular event. The test is not whether they agreed the event would occur.

If you have any more questions regarding marital property division, please give me a call.

Dan Exner, J.D.

Family Law Attorney

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