Legal Question in Family Law in Wisconsin
Prenuptial agreement
I am getting married in 2000 and am wondering if an agreement signed and notorized by ourselves is just as legally binding as an attorney written agreement concerning prenups.
2 Answers from Attorneys
Re: Prenuptial agreement
If an agreement meets the legal requirements then it is just as binding. However, a prenuptial
agreement is a complicated concept. In my state, the agreement must be fair at the time of creation
and at the time of enforcement. This means that it must be drafted with a view to the future. If the
agreement is important to you then you should have a lawyer review it to increase the likelihood that a
court will enforce it in the future. THIS COMMUNICATION DOES NOT CONSTITUTE THE CREATION
OF AN ATTORNEY-CLIENT RELATIONSHIP. Legal rights vary greatly depending on specific facts,
and it is impossible on the basis of the recitation of a few facts to determine whether or not an
individual has a viable case, what is the full range of options, or what limitations exist which may bar an
individual's potential claims. ON THE BASIS OF THE INFORMATION PROVIDED TO ME, I
RECOMMEND THAT YOU PROMPTLY CONSULT AN ATTORNEY TO DETERMINE THE SCOPE OF
LEGAL RECOURSE, IF ANY, YOU MAY HAVE. YOU SHOULD NOT RELY ON ANYTHING I HAVE
STATED AS ADVICE TO DO ANYTHING OTHER THAN TO CONSULT AN ATTORNEY TO DISCUSS
FULLY AN APPROPRIATE COURSE OF ACTION.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
Re: Prenuptial agreement
Yes, an agreement drafted without a lawyer is just as binding.
However, the agreement must satisfy State law (I do not know Wisconsin law), which often requires a complete
disclosure of all assets and liabilities, and an opportunity to
seek legal counsel. There are also limits on what can be agreed to; for example,
I doubt any state will accept an agreement limiting child support for a child born
to the marriage. Many states will not allow a limitation or prohibition on
spousal support. If there is sufficient property or earning power involved to make a prenuptial agreement useful, you
should consult a local attorney.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910