Prenuptial Agreement - Wisconsin

Wisconsin Premarital Marital Property Agreement

Completion and Review Record

Party A counsel: [________________________________]

Party B counsel: [________________________________]

First complete draft delivered to Party A: [__/__/____]

First complete draft delivered to Party B: [__/__/____]

Party A disclosure delivered: [__/__/____]

Party B disclosure delivered: [__/__/____]

Planned marriage date: [__/__/____]

Signing date: [__/__/____]

☐ Each Party received the final Agreement and every schedule before signing.

☐ Each Party had sufficient time to review, ask questions, negotiate, and obtain separate legal advice.

☐ Each Party supplied a current written disclosure of property, financial obligations, income, and contingent interests.

☐ Retirement, deferred-employment, life-insurance, digital-property, business, tax, trust, estate, creditor, and non-Wisconsin issues were separately reviewed where applicable.

☐ No threat, concealed information, withheld schedule, undisclosed side promise, or wedding deadline is being used to obtain a signature.

Do not sign if a schedule is incomplete, a material fact is disputed, either Party wants more information, or either Party wants more time or advice.

1. Parties, Purpose, and Effective Date

This Marital Property Agreement ("Agreement") is signed on [__/__/____] by:

Party A: [FULL LEGAL NAME], residing at [ADDRESS]

Party B: [FULL LEGAL NAME], residing at [ADDRESS]

The Parties intend to marry each other on or about [__/__/____]. They enter this Agreement under Wis. Stat. §§ 766.15, 766.17, and 766.58.

Under § 766.58(1), a marital property agreement must be a document signed by both spouses, only the spouses may be parties, and no consideration is required. Section 766.58(5) permits persons intending to marry to enter the Agreement as if married, but it becomes effective only upon marriage.

If the contemplated marriage does not occur, this Agreement does not become effective.

2. Nonwaivable Good-Faith Duty

Wis. Stat. § 766.15 requires each spouse to act in good faith toward the other in matters involving marital property or the other spouse's property, and that duty may not be varied by this Agreement.

No classification, management right, waiver, remedy, or interpretation in this Agreement authorizes concealment, intentional misrepresentation, bad-faith control, or evasion of that statutory duty.

3. Financial Disclosure

Party A's disclosure is Schedule A. Party B's disclosure is Schedule B. Each schedule should identify, with current values or good-faith estimates:

• Real and personal property;
• Cash, investments, digital assets, and financial accounts;
• Business, partnership, trust, and contingent interests;
• Retirement, deferred-employment, equity-compensation, and insurance interests;
• Income and material expected income;
• Mortgages, taxes, loans, guarantees, support obligations, litigation exposure, and other financial obligations; and
• Valuation dates, sources, restrictions, and material uncertainty.

Each Party acknowledges:

☐ The other Party's complete schedule and requested supporting information were reviewed.

☐ Questions were asked and answered before signing.

☐ Disputed, estimated, contingent, jointly owned, or difficult-to-value items are identified.

☐ No material oral promise or financial representation is omitted from the Agreement or schedules.

Wis. Stat. § 766.58(6)(c) addresses both fair and reasonable disclosure under the circumstances and notice of the other spouse's property or financial obligations. This template does not use a generic disclosure waiver as a substitute for complete schedules.

Written supplements for material changes before marriage: [LIST / NONE]

4. Agreed Property Classification Between the Parties

Wis. Stat. § 766.17 permits a marital property agreement to vary the chapter subject to its stated exceptions. Section 766.58(3)(a)-(c) permits provisions addressing property rights and obligations, management and control, and disposition upon dissolution, death, or another event.

These classifications operate between the Parties. They do not by themselves bind creditors, taxing authorities, retirement plans, insurers, business entities, trustees, title holders, beneficiaries, or other third parties.

4.1 Party A Agreement Individual Property

Property listed for Party A in Schedule A, together with the following traceable proceeds, replacements, and agreed categories, will be treated between the Parties as Party A's individual property under this Agreement:

[________________________________]

4.2 Party B Agreement Individual Property

Property listed for Party B in Schedule B, together with the following traceable proceeds, replacements, and agreed categories, will be treated between the Parties as Party B's individual property under this Agreement:

[________________________________]

4.3 Marital or Shared Property

The following property, accounts, acquisitions, contributions, or categories will be treated as marital or shared property as stated:

[________________________________]

4.4 Earnings, Income, Appreciation, and Contributions

4.5 Title, Commingling, and Reclassification

Effect of joint title: [________________________________]

Effect of commingling while traceable: [________________________________]

Effect of one or both Parties' labor or funds applied to property: [________________________________]

Method for later reclassification: [________________________________]

Do not assume that title, commingling, appreciation, a beneficiary form, or a later transaction produces an intended classification without reviewing the governing instrument and current law.

5. Management, Transfers, and Records

Party A's management authority: [________________________________]

Party B's management authority: [________________________________]

Approval required for marital or shared-property transactions: [________________________________]

Accounts and titles to be maintained: [________________________________]

Periodic records or statements: [________________________________]

Treatment of loans, gifts, and transfers between the Parties: [________________________________]

Schedule D must list every separate deed, account form, beneficiary designation, plan consent, trust amendment, entity approval, tax filing, or other instrument needed to implement an intended result.

6. Financial Obligations and Tax Matters

6.1 Existing Obligations

6.2 Obligations During Marriage

Individually incurred obligations: [________________________________]

Household or family obligations: [________________________________]

Jointly signed obligations: [________________________________]

Business obligations and guarantees: [________________________________]

This allocation does not release either Party from a creditor's claim, create a lien, or bind a creditor that is not a party.

6.3 Tax Matters

The Parties will make filing and reporting elections with current tax advice. This Agreement does not determine a taxing authority's treatment.

Allocation of liabilities, refunds, estimated payments, audits, and fees: [________________________________]

7. Spousal Support

Wis. Stat. § 766.58(3)(d) permits modification or elimination of spousal support subject to subsection (9). Select one:

☐ Rights reserved. This Agreement does not modify or eliminate either Party's support rights.

☐ Mutual waiver. Each Party waives spousal support from the other, subject to § 766.58(9) and a court's enforceability determination.

☐ Custom provision. Support is modified as stated in Schedule C, including the amount or formula, duration, termination events, assumptions, and security, subject to § 766.58(9).

Under § 766.58(9), a support modification or elimination during marriage may not leave a spouse with less than necessary and adequate support after considering all sources. If the term would make a spouse eligible for public assistance at dissolution or termination by death, a court may require the other spouse or estate to provide the support necessary to avoid that eligibility.

8. Death, Estate, Insurance, Retirement, and Digital Property

Wis. Stat. § 766.58(3) permits specified death, will, trust, and nonprobate provisions. Deferred-employment benefits, life insurance, digital property, tax rules, beneficiary instruments, and transfers at death require separate review under the law and documents governing the particular asset.

Select only provisions reviewed with the relevant advisers:

☐ No death-related waiver, transfer, or obligation is made here.

☐ Party A's reviewed provision appears in Schedule E.

☐ Party B's reviewed provision appears in Schedule E.

☐ A will, trust, insurance, retirement, digital-property, or nonprobate implementation step appears in Schedule D.

This Agreement alone should not be treated as updating a beneficiary designation, plan election, deed, account registration, will, trust, digital-account instruction, or third-party record.

9. Children and Family Matters

Under Wis. Stat. § 766.58(2), this Agreement may not adversely affect a child's right to support.

• This Agreement does not determine or limit child support;
• It does not predetermine legal custody, physical placement, parentage, relocation, or a child's best interests; and
• Any provision interpreted to adversely affect a child's support right is not intended to be enforced to that extent.

10. Voluntariness and Enforcement Record

Each Party states that the Party:

☐ Is signing voluntarily and may decline to sign.

☐ Received and reviewed the final Agreement and every schedule.

☐ Had sufficient time and a meaningful opportunity for separate legal advice.

☐ Understands the selected property, support, death, and implementation provisions.

☐ Has not relied on an undisclosed promise about the marriage, wedding, property, support, inheritance, or enforcement.

☐ Has completed or crossed out every blank affecting the Party's rights.

Wis. Stat. § 766.58(6) makes the Agreement unenforceable if the spouse opposing enforcement proves a listed ground involving unconscionability when made, involuntary execution, or the subsection's combined disclosure-and-notice conditions. Under subsection (8), unconscionability is for the court to decide as a matter of law.

11. Amendment and Revocation

Wis. Stat. § 766.58(4) provides that a marital property agreement may be amended or revoked only by a later marital property agreement. Any later agreement must satisfy the applicable signed-document and enforceability requirements.

Counsel should also update every affected title, beneficiary, plan, tax, trust, business, and account instrument.

12. Dispute and Implementation Terms

Construction: Wisconsin law governs construction of this Agreement, subject to mandatory law governing a person, asset, plan, third party, or proceeding.

Notice address: [________________________________]

Optional good-faith meeting or nonbinding mediation: [________________________________]

Court and county, subject to lawful jurisdiction and venue: [________________________________]

No arbitration clause, jury waiver, automatic fee shift, cure period, predetermined injunction, indemnity for breach, liability cap, force-majeure clause, or shortened limitation period is included.

If counsel proposes arbitration, child-support protections, court-controlled matters, third-party rights, and the precise scope and review process must be addressed in a separately researched addendum.

13. Complete Agreement and Copies

This Agreement and Schedules A-E state the Parties' complete marital-property agreement. No recital, schedule, label, or adviser acknowledgment overrides Wisconsin's statutory standards.

Each Party will receive a complete signed copy, including every schedule and incorporated supplement.

14. Signatures

Party A

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Party B

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Optional Notary Acknowledgment — Party A

State of Wisconsin

County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY A NAME].

Notary signature: ______________________________________________

Printed name: [________________________________]

Commission expires: [__/__/____]

Optional Notary Acknowledgment — Party B

State of Wisconsin

County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY B NAME].

Notary signature: ______________________________________________

Printed name: [________________________________]

Commission expires: [__/__/____]

The notary blocks are optional evidentiary safeguards. Wis. Stat. § 766.58(1) requires a document signed by both spouses; it does not state a notarization requirement.

Schedule A — Party A Financial Disclosure

Income and contingent interests or obligations: [________________________________]

Party A certifies that Schedule A is complete and accurate to the best of Party A's knowledge as of [__/__/____].

Party A signature: ______________________________________________

Schedule B — Party B Financial Disclosure

Income and contingent interests or obligations: [________________________________]

Party B certifies that Schedule B is complete and accurate to the best of Party B's knowledge as of [__/__/____].

Party B signature: ______________________________________________

Schedule C — Custom Property and Support Terms

Asset-specific income, appreciation, contribution, and valuation rules:

[________________________________]

Selected spousal-support provision, assumptions, formula, duration, termination events, and security:

[________________________________]

Party A initials: [____] Party B initials: [____]

Schedule D — Implementation and Recordkeeping

Schedule E — Optional Death and Estate Provisions

Complete only with estate-planning counsel. Identify each right reserved, waived, replaced, or created; the disclosure and practical consequence; and every separate instrument needed.

Party A signature: ______________________________________________ Date: [__/__/____]

Party B signature: ______________________________________________ Date: [__/__/____]

Sources and References

• Wis. Stat. § 766.15 — Responsibility between spouses
• Wis. Stat. § 766.17 — Variation by marital property agreement
• Wis. Stat. § 766.58 — Marital property agreements
• Certified Chapter 766 PDF, published August 5, 2026