PREMARITAL AGREEMENT

(Wisconsin Uniform Premarital Agreement Act – Wis. Stat. § 766.58)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Classification of Property and Income
   3.2 Management and Control
   3.3 Debts and Liabilities
   3.4 Spousal Maintenance (Alimony)
   3.5 Estate Planning & Death Benefits
   3.6 Taxes
   3.7 Insurance
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

[// GUIDANCE: Delete this Table of Contents if the drafting attorney prefers to rely on automatic TOC generation software.]

1. DOCUMENT HEADER

PREMARITAL AGREEMENT (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [FULL LEGAL NAME OF PARTY A], presently residing at [ADDRESS] (“Party A”); and
2. [FULL LEGAL NAME OF PARTY B], presently residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties” and each, individually, a “Party”).

Recitals

A. The Parties contemplate lawful marriage to each other on or about [PLANNED MARRIAGE DATE] in [CITY], Wisconsin, and desire to establish their respective rights and responsibilities regarding certain property, income, liabilities, and other matters, both during the marriage and upon its termination by death, dissolution, or other event.

B. This Agreement is executed pursuant to and in conformity with the Wisconsin Uniform Premarital Agreement Act, Wis. Stat. § 766.58, and other applicable Wisconsin family law.

C. Each Party acknowledges that:
(i) the Agreement is entered into voluntarily,
(ii) he or she has had a reasonable opportunity to obtain independent legal counsel of his or her own choosing,
(iii) full and fair disclosure of assets, liabilities, and income has been made (or validly and expressly waived), and
(iv) the Agreement is fair and not unconscionable at the time of execution.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

Unless the context otherwise requires, capitalized terms have the meanings set forth below; terms defined in a singular form include the plural and vice-versa.

“Act” means the Wisconsin Uniform Premarital Agreement Act, Wis. Stat. § 766.58 (2023).

“Agreement” has the meaning set forth in the Document Header.

“Community Property” means property that would otherwise be classified as “marital property” under Chapter 766 of the Wisconsin Statutes in the absence of this Agreement.

“Effective Date” has the meaning set forth in the Document Header.

“Individual Debt” means any liability incurred solely by a Party either prior to the marriage or thereafter that, under this Agreement, shall remain that Party’s exclusive obligation.

“Joint Debt” means any liability incurred jointly by the Parties for which both shall be liable as provided in Section 3.3.

“Marital Termination Event” means (i) legal separation, (ii) dissolution or divorce, or (iii) the death of either Party.

“Premarital Property” means all assets and property interests owned by a Party prior to the Effective Date, including appreciation thereon, as further described on Schedules A (Party A) and B (Party B).

“Separate Property” means, collectively, each Party’s Premarital Property, any property acquired in exchange therefor, and any property designated as Separate Property under Section 3.1(c).

[// GUIDANCE: Add or delete defined terms to fit client-specific provisions.]

3. OPERATIVE PROVISIONS

3.1 Classification of Property and Income

(a) Separate Property. All Premarital Property and any property acquired by a Party (i) by gift or inheritance, (ii) with proceeds of Separate Property, or (iii) as damages for personal injury, shall remain that Party’s Separate Property and shall not become Community Property.

(b) Community Property Opt-Out. Pursuant to Wis. Stat. § 766.58(3)(e), the Parties hereby agree to opt out of Wisconsin’s default marital property regime with respect to all property addressed in this Agreement. Unless expressly reclassified herein, no property, income, or appreciation shall be deemed Community Property.

(c) Reclassification. The Parties may reclassify any property by a written instrument executed by both Parties referencing this Section 3.1(c).

(d) Commingling. Commingling of Separate Property with Community Property shall not, by itself, alter the classification of such Separate Property provided adequate records exist to trace its origin.

(e) Income & Appreciation. Income, appreciation, or rents derived from Separate Property shall likewise be deemed Separate Property.

3.2 Management and Control

Each Party shall have sole management and control over his or her Separate Property. Unless otherwise agreed in writing, management and control of any jointly titled asset shall be exercised by mutual consent.

3.3 Debts and Liabilities

(a) Pre-Existing Debts. Each Party shall be solely responsible for his or her Individual Debt incurred before the Effective Date.

(b) Post-Marriage Debts. Debts incurred after the marriage shall be classified as Individual Debt or Joint Debt according to the incurring Party’s intent and the benefit conferred; absent written agreement, debts incurred for family necessities shall be Joint Debt.

(c) Indemnification. See Section 7.1.

3.4 Spousal Maintenance (Alimony)

(a) Waiver. Subject to the statutory fairness review required under Wis. Stat. § 766.58(6), each Party, having had an opportunity to consult independent counsel, knowingly and voluntarily waives all rights to receive maintenance from the other Party upon a Marital Termination Event.

(b) Review upon Enforcement. If, at the time of enforcement, the waiver is unconscionable, a court of competent jurisdiction may modify or refuse to enforce this Section 3.4.

[// GUIDANCE: Wisconsin courts scrutinize maintenance waivers closely. Consider substituting a lump-sum or graduated maintenance formula if client circumstances warrant.]

3.5 Estate Planning & Death Benefits

(a) Elective Share Waiver. Each Party waives any elective-share, statutory share, or similar rights in the estate of the other, to the fullest extent permitted by Wisconsin law.

(b) Wills & Trusts. Each Party shall execute estate planning instruments consistent with this Agreement within [X] days after the marriage; failure to do so shall not affect the validity of this Agreement.

3.6 Taxes

(a) Filing Status. The Parties may elect to file jointly or separately; nothing herein shall be construed to mandate a particular filing status.

(b) Allocation. Tax liabilities and refunds shall be allocated in proportion to each Party’s respective income, unless otherwise agreed in writing.

3.7 Insurance

Each Party shall maintain, at his or her own expense, adequate insurance coverage (life, health, disability) reasonably necessary to protect against liabilities contemplated herein, with beneficiary designations consistent with this Agreement.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party has the legal capacity to enter into this Agreement.

4.2 Voluntariness. Execution is voluntary, free from duress, fraud, or undue influence.

4.3 Full Disclosure. Each Party has delivered to the other full and fair disclosure of assets, liabilities, and income, attached hereto as Schedules A and B.

4.4 Independent Counsel. Each Party has had the opportunity to consult independent counsel and either has done so or has knowingly waived such right.

4.5 Accuracy of Schedules. The financial information contained in the Schedules is materially true, complete, and accurate.

4.6 Survival. The representations and warranties survive execution and are remade as of the date of the Parties’ marriage.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances. The Parties shall execute and deliver all instruments reasonably required to carry out the intent of this Agreement.

5.2 Confidentiality. Except as required by law, the terms of this Agreement and all financial disclosures shall remain confidential.

5.3 Notice of Changed Circumstances. Each Party shall promptly notify the other of any material change in financial condition.

5.4 Intention to Reside in Wisconsin. Unless otherwise mutually agreed, the Parties intend Wisconsin to remain their principal marital domicile.

6. DEFAULT & REMEDIES

6.1 Events of Default. Any of the following constitutes a default: (a) material breach of this Agreement, (b) willful misrepresentation of financial information, or (c) failure to perform a covenant that remains uncured for thirty (30) days after written notice.

6.2 Remedies. In addition to remedies at law:
(i) Specific Performance. Each Party acknowledges that monetary damages may be inadequate; therefore, specific performance or injunctive relief is an appropriate remedy.
(ii) Attorney Fees. The prevailing Party in any action to enforce this Agreement shall be entitled to reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other (the “Indemnified Party”) against any loss, liability, or expense (including reasonable attorney fees) arising out of (i) the Indemnifying Party’s breach of this Agreement, or (ii) any Individual Debt.

7.2 Limitation of Liability

Except for fraud, intentional misconduct, or obligations under Section 7.1, each Party’s aggregate liability under this Agreement shall not exceed [CAP AMOUNT OR FORMULA] (the “Liability Cap”).

7.3 Force Majeure

Neither Party shall be liable for non-performance caused by events beyond reasonable control, including but not limited to acts of God, war, or governmental actions, provided that the affected Party gives prompt notice and resumes performance upon cessation of the force-majeure event.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive jurisdiction and venue shall lie in the [COUNTY] County Circuit Court, Family Division.

8.3 Limited Arbitration. The Parties may agree in writing to submit discrete issues (e.g., property valuation) to binding arbitration under the Wisconsin Arbitration Act. Issues relating to child support, custody, or any matter reserved to judicial determination by statute are non-arbitrable.

8.4 Jury Waiver. Jury trials are unavailable in Wisconsin family courts; accordingly, each Party acknowledges that disputes shall be resolved by the court without a jury.

8.5 Interim Injunctive Relief. Nothing herein shall preclude either Party from seeking temporary or preliminary injunctive relief, including specific performance, from a court of competent jurisdiction.

9. GENERAL PROVISIONS

9.1 Amendments; Waivers. This Agreement may be amended or waived only by a written instrument signed by both Parties, expressly referencing this Section 9.1.

9.2 Assignment. Rights and obligations hereunder are personal and non-assignable, except by testamentary disposition consistent with this Agreement.

9.3 Successors & Assigns. Subject to Section 9.2, this Agreement binds and inures to the benefit of the Parties’ respective heirs, executors, administrators, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, such provision shall be reformed to the minimum extent necessary, and the remaining provisions shall continue in full force.

9.5 Integration. This Agreement constitutes the entire understanding of the Parties and supersedes all prior negotiations or agreements, written or oral, with respect to the subject matter herein.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each deemed an original and all constituting one instrument. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be effective and enforceable.

9.7 Headings. Section headings are for convenience only and do not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

Acknowledgment

STATE OF WISCONSIN )
: ss.
COUNTY OF [__] )

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A] and [PARTY B], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ______

[// GUIDANCE: Wisconsin law does not mandate notarization of premarital agreements, but notarizing strongly evidences authenticity and voluntariness.]

SCHEDULE A

Detailed Statement of Assets, Liabilities & Income of Party A
[ATTACH OR INSERT]

SCHEDULE B

Detailed Statement of Assets, Liabilities & Income of Party B
[ATTACH OR INSERT]

[END OF DOCUMENT]