– from Steven H. in Franklin, WI

Question Details:

My wife and I entered into a prenuptial agreement months before we married. This prenuptial agreement barred her from receiving any of the property that was mine before we were married. She now feels that the agreement is not valid because she did not have full knowledge of my finances and property before agreeing to the prenup. Is our prenuptial agreement final?

Family Law Attorney Response:

Unfortunately, many find out the hard way that prenuptial agreements are not the “end all, be all” of final judgments. There are several conditions which may render a prenuptial agreement invalid. One of these conditions you have stated above: both parties must produce their financial records to the other, and full financial disclosure must be made. It is your responsibility to disclose this information to the other party. They are not required  to seek this information.

In the case of Schumacher v. Schumacher 131 Wis. 2d 332, 388 N.W.2d 912 (1986), this was demonstrated when the court found that the prenuptial agreement was inequitable at its execution. The husband appealed, and the court of appeals affirmed. He petitioned the supreme court for review, and the supreme court also affirmed.

I would still advise you to contact a reputable family law attorney for further assistance with your property division case.

Dan Exner, J.D.Dan Exner J.D.
Family Law Attorney