When Is a Prenuptial Agreement Viewed as One-Sided?

The best way to see if the agreement is fair is to contact an attorney in order to hear more about your 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.


References: Button v. Button (1986)


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