The fact is that if you have a prenuptial agreement in place when you divorce, your situation may have changed drastically since the day you signed it.
Your prenuptial agreement may cover:
- Each spouse’s rights and obligations about property, regardless of whether it’s community property or individual property
- Distribution of the property in the event of divorce, death, or another event
- Either spouse’s right to receive alimony
- An agreement to arbitrate disputes
- Any other matter that doesn’t violate Wisconsin’s laws or public policy
So is there anything your divorce attorney can do to fight it?
Can a Lawyer Fight a Prenup During Divorce?
The simplest way to fight a prenuptial agreement is to show that it’s invalid for one reason or another. In order for a prenup to be valid in the state of Wisconsin:
- It must be in writing and signed by both parties
- It must have been written and signed “in contemplation of marriage”
- It must be signed voluntarily
- It must not be unconscionable (unconscionable means that it’s grossly unfair to one spouse over the other)
- Either or both spouses must fully and fairly disclose everything about their assets and liabilities
Even if your prenuptial agreement is valid, your attorney may be able to argue that certain provisions are unfair to one or both of you.
Do You Need to Talk to a Milwaukee Divorce Lawyer About Your Prenup?
If you need to talk to a divorce lawyer about your prenuptial agreement, we’re here for you. Call us at 414-383-6700 or 262-650-6700. You can also contact us online if it’s easier.