Free Wisconsin Prenuptial Agreement Template

What Is a Prenuptial Agreement in Wisconsin?

In Wisconsin, a prenuptial agreement (prenup), or a marital property agreement, is a written contract between two people planning to marry. It sets the rules for how you’ll handle property, debt, and finances during the marriage or if it ends, whether through divorce or death.

If you’re already married, you can still create a similar contract called a postnuptial agreement. It follows many of the same rules as a prenup and can be a helpful option if your financial situation changes after marriage.

Are Prenups Honored in Wisconsin?

Yes, Wisconsin recognizes prenuptial agreements under WI § 766.58. To make yours valid, you need to put it in writing and have both partners sign. You don’t need to exchange anything of value. The agreement still holds up without a formal exchange.

In Wisconsin, most things you gain during the marriage are considered marital property. But with a valid prenup, you can set your own terms. You can decide what stays separate, how to divide items if the marriage ends, and what debts each of you will be responsible for.

When Does a Prenup Take Effect in Wisconsin?

Wisconsin law (WI Stat § 766.58(5)) says a prenup only takes effect after the couple is legally married.

What Makes a Prenup Invalid in Wisconsin?

Most prenups are enforceable in Wisconsin, but not all. A court can throw one out if:

• It was unfair or one-sided when it was signed.
• One spouse didn’t sign it willingly.
• One spouse didn’t get a clear picture of the other’s finances.
• It tries to waive child support.
• It cuts off spousal support and leaves one spouse needing public aid.

Wisconsin courts examine prenuptial agreements closely. A valid prenup has to be fair, transparent, and signed without pressure (Button v. Button (1986)). If any of these parts are missing, the agreement may not stand. Because of this, it’s a good idea for both spouses to receive independent legal advice before signing.

What Can You Include in a Prenuptial Agreement in Wisconsin?

In Wisconsin, you can include almost anything related to property in your prenup, as long as it doesn’t break the law or go against public policy (WI Stat § 766.58(3)). Here’s what you can cover in a prenup in Wisconsin:

• Deciding what’s separate property and what’s marital, now and in the future.
• What happens to property if you separate, divorce, or one of you dies.
• Spousal support, though there are limits.
• Digital property, like email accounts or crypto.
• Non-probate transfers, so assets go to a person or trust without court intervention.
• Wills or trusts to back up the agreement.

Overall, a prenuptial agreement that Wisconsin courts will recognize just needs to follow a few key rules. Beyond that, you have quite a bit of flexibility.

How to Write a Prenup in Wisconsin

To create a prenup that Wisconsin law will recognize, you need to understand your rights and responsibilities. A clear, written plan keeps everything above board and easy to follow. Here’s how to handle property, finances, and more, step by step.

1. Start With a Wisconsin Prenuptial Agreement Template

Wisconsin law requires a prenuptial agreement to be in writing and signed by both spouses. Starting with Legal Templates’ form helps you get there faster. It gives you a structure to cover key topics like property, debt, spousal support, and who keeps the home if the marriage ends.

Our Wisconsin-specific template walks you through each step. It complies with Wisconsin law, is easy to complete, and is flexible enough to fit your needs. That way, there are no surprises down the line.

2. Understand How Wisconsin Treats Property Ownership

Wisconsin is a community property state, which means most things you earn or buy during the marriage belong to both of you. That’s the default under WI Stat § 766.31(1)(2). But with a prenuptial agreement, you can make your own rules. You can use your prenup to:

• Decide what happens to income earned during the marriage. By default, it becomes shared, but your prenup can say otherwise (WI Stat § 766.31(4)).
• Reclassify property if you both agree. You can turn individual property into joint property by including it in your prenup or making a formal gift (WI Stat § 766.31(10)).
• Decide who owns and keeps digital assets, insurance, or retirement accounts. These fall under WI Stat § 766.31(3), 766.625 for digital property, 766.61 for insurance, and 766.62 for retirement.

A prenup gives you more control over Wisconsin’s property division scheme. It lets you set terms that fit your life.

3. Be Upfront About Business Ownership

If one of you has a business, your prenup should clearly say who it belongs to. But that’s not the only decision to make. Use your prenup to clearly define how the business will be handled during the marriage and if it ends. In your agreement, you can also:

• Decide if income from that business stays separate or gets shared under WI Stat § 766.31(4). Keep in mind, though, that if one spouse’s unpaid effort caused your business to grow, part of the increase may become marital property under WI Stat § 766.31(7)(c) and WI Stat § 766.63.
• State whether a business started or purchased after the wedding will be treated as individual or marital property under WI Stat 766.31(10)
• Specify who manages the business. One spouse can run it alone if it’s in their name only, even if it’s marital property, according to WI Stat § 766.51(1)(am). But if you’re both involved, define your roles and what happens if the marriage ends.

If the structure of your business is complex or you’ve both contributed in some way, a review from independent legal counsel can catch anything you might’ve missed.

4. Decide How to Handle Debts

Your prenup should also explain how you’ll handle debts. While premarital debts typically stay with the person who took them on, under WI Stat § 766.55(2)(c)1, it’s just as important to specify what happens to debts incurred during the marriage. In your prenup, you can:

• Decide if debts taken on during the marriage, like credit cards or personal loans, are shared or separate.
• Assign one spouse full responsibility for specific debts.
• Clarify how you’ll divide debts if the marriage ends.
• Handle household or family-related debts differently. Under WI Stat § 766.55(2)(b, these debts, like groceries, child care, or school costs, are automatically shared. If you want a different arrangement, include clear terms in your prenup.

As you set these terms, keep in mind that a prenup only affects how you and your spouse split debts; it doesn’t automatically apply to outside creditors. Under WI Stat § 766.55(4m), a creditor has to know about the agreement for it to limit their claim. If they don’t, they may still try to collect from either of you.

5. Clarify What Happens to the Family Home

The family home deserves specific attention in your prenup. If one of you owned the home before the marriage, it’s usually separate property. But using marital funds for the mortgage or renovations may give the other spouse a share (WI Stat § 766.63(2)).

On the other hand, homes bought together during the marriage are typically treated as marital property (WI Stat § 766.605). If you want a different outcome, your prenup should make that clear. You can use your prenup to:

• Classify the home as shared or separate property.
• Decide who keeps the home if the marriage ends or one spouse dies (WI Stat § 766.58(3)(a)(c)(f) and WI Stat § 766.605).
• Agree to sell the home and split the proceeds if the marriage ends.

6. Only Waive Spousal Support If It’s Fair

You can use your prenup to waive or limit spousal support under WI Stat § 766.58(3)(d). However, the court won’t enforce it if the result is unfair:

• If the waiver would leave one spouse without enough to live on, the court can step in and order spousal support anyway (WI Stat § 766.58(9)(a)).
• If the waiver would push someone onto public assistance, the court will override it to the extent necessary to avoid eligibility for assistance (WI Stat § 766.58(9)(b)).

Be realistic when setting spousal support terms to avoid problems later. If there’s a significant income gap between partners or one spouse depends on the other financially, it’s safer to include flexible or limited support rather than waiving it entirely.

Also, you can’t use a prenup to waive child support. WI Stat § 766.58(2) doesn’t allow it.

7. Make Sure You Both Sign

For your prenup to hold up in Wisconsin, both spouses need to sign it, as required by WI Stat § 766.58(1). Notarizing isn’t required, but it adds an extra layer of protection.

If one person didn’t get a fair financial picture or didn’t sign willingly, the court might reject the agreement under WI Stat § 766.58(6). You can also decide whether to record the prenup with the county. Recording the prenup is optional under WI Stat § 766.58(11), but it can help avoid confusion later.

Sample Wisconsin Prenuptial Agreement

Below is an example of a Wisconsin Prenuptial Agreement. Use our template to create your customized prenup, which you can download in Word or PDF.

How Much Does a Prenup Cost in Wisconsin?

In Wisconsin, there’s no state fee to create or file a prenup. The cost depends on whether you hire a lawyer or go the DIY route. An attorney typically charges more, while drafting your own agreement can save time and money. If you’re leaning that way, our free step-by-step form makes it easy to create a Wisconsin prenup on your own.

How Do You Change or Cancel a Prenup in Wisconsin?

To change or cancel a prenup, both spouses must sign a written agreement, as required under WI Stat § 766.58(4). A verbal agreement isn’t enough; the court needs clear proof that both people agreed, which must be in writing.

You also don’t need to file the updated prenup with the court unless you want to notify creditors, as outlined in WI Stat § 766.56.

Some prenups include a sunset clause, which sets an automatic end date or triggers the agreement to expire after a specific event, like having children. If your prenup has one, the agreement ends on its own once that point is reached. If there’s no sunset clause, the prenup stays in effect until both spouses agree in writing to change or cancel it.