Friday, October 28, 2011

AB 235 and Possible Changes for Wisconsin's Prenuptial Agreements

According to Capital Times Reporter, Steve Elbow, changes may be coming for Wisconsin's prenuptial agreements. A prenup, or post-nup in some cases, is a contract between a husband and wife about how property shall be classified during marriage as well as at death and or divorce. They are commonly used in the case of blended families, when their are assets and children that pre-date the marriages.

According to Elbow's report, State Rep. Joel Kleefisch is proposing changes so that judges cannot alter an agreement even if a spouse failed to disclose asset or debt information, if the agreement was coerced, or deemed "unfair" by the judge. The proposal, AB 235, is not without opposition. The bill was met with concern by other members, all attorneys, who clearly feel contract law calls for a remedy if the agreement was entered falsely.

I will be monitoring this legislation and will post updates as needed.

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