A couple planning to marry must abide by the administrative rules of the county in which they plan to marry including a waiting period to obtain a marriage license after making proper application. For a list of the county clerks to set up an appointment or obtain more information about the entire marriage license application process, search for marriage license in the county in which you intend to marry in Wisconsin.
Prenuptial Marital Agreements
Marital property agreements include prenuptial agreements. A prenuptial ageement is an agreement between two people planning to marry each other. Prenuptial agreements are closely scrutinized by Wisconsin courts, therefore, it is always a very wise choice to consult with an attorney prior to agreeing to the terms of the prenuptial agreement, and to have an attorney prepare the prenuptial agreement for you.
In the event that a prenuptial agreement is presented in a divorce action, it is very important for the prenuptial agreement to have been properly executed. For example, in determining the validity and enforceability of a prenuptial agreement, it is a factor whether both parties were represented by their own legal counsel.
The courts will also look to the agreement's intent and purpose, and ascertain if at the time of the formation of the agreement there was any duress or failure to disclose the financial information of each party prior to the execution of the agreement. In the event that the agreement appears unfair, the court can set it aside.
A prenuptial agreement is a contract. As such, it is a very serious contract that can impact the rest of your life. If you are considering marriage and a prenuptial agreement, please consider contacting Attorney Kathy Reiley to discuss the prenuptial agreement before you agree to its terms.
For more information about Wisconsin's law regarding same sex marriages and to discuss how Attorney Reiley can help you resolve the issues between you and your partner, please contact the office of Attorney Kathleen Reiley.