Legal Question in Family Law in Wisconsin

Re: Pre-nuptial agreements vs. pre-marital/first marriage debt

Marital property law in WI is almost

unbelievably complex and short answer to

nearly all of your questions is that your

nightmares could indeed come true if things

are not handled properly. Technically, the

two of you need separate attorneys to negotiate

the agreement. You can try to do it on your

own, but obviously will have nobody but you

selves to complaint to (or sue for malpractice)

if things don't turn out as expected. One

of the least appreciated benefits of an attoney

(who carries malpractice insurance) is the

extra "deep pocket" which is available when things

don't turn out as expected due to the attorney

not meeting accepted standards of care and

expertise. This benefit is especially great

in real estate transactions and large transfers

such as a marital agreement. I don't know

of any great favoritism on the part of the

courts for pre-marital vs post-marital

agreements, but would warn you that

non-marital assets and debts can very quicky

(and sometime irrevocably) convert into marital

assets, contrary to your intentions. For

example, if a creditor tries to enforces a formerly

separate obligation before you record and

serve the marital agreement, the creditor's

rights could supercede your agreement.