Did you know? In 2023, Marriage and divorce questions were the second most
searched legal category in the U.S. (see https://upliftlegalfunding.com/2023-most-googled-legal-questions/)
Surprisingly, in 2023 Wisconsin had relatively low search queries when compared to
other states. While not all answers to your legal questions may be available online, our
online blogs will hopefully answer some of them.
Prenuptial Agreements are a very common legal topic to research online, especially
when involving significant estates or substantial debt, business owning couples, or
remarrying couples.
Once you obtain a prenuptial agreement, the underlying question becomes: will it be
enforceable in court? Amidst the divorce process, the prenuptial agreement must be
filed and addressed during the court proceedings. If you raise your prenuptial
agreement after your divorce is finalized, it will not be enforceable, even if it was
perfectly sound. Importantly, prenuptial agreements would not be enforceable if a court
finds that it was obtained in anticipation of a divorce shortly after its signing.
Also, keep in mind that prenuptial agreements are not a catch all contract for every
aspect of your marriage. Amongst other issues, Courts will not enforce prenuptial
agreements involving child support or child custody agreements. Why? When it comes
to children, even if a purported agreement is agreeable to the parties, the Court is
obligated to ensure the child’s “best interest.”
To best ensure that your prenuptial agreement is not invalidated, we recommend that
you consult with one of our family law attorneys, trained and experienced in the art of
drafting a prenuptial agreement. Please schedule a consultation with us today.