No. Prenups do not expire in Wisconsin on their own. A prenup is a marital property agreement that stays in effect unless the spouses amend or revoke it with a later written marital property agreement, or the agreement sets its own end date or triggering event. At divorce, a court can still refuse to enforce terms that are inequitable.
Prenups do not expire in Wisconsin because Wis. Stat. § 766.58 sets no end date for a marital property agreement. Couples can sign one before marriage, and it takes effect when they marry. It must be signed by both spouses. It can be amended or revoked only by a later marital property agreement, so an oral promise does not change it. See what to consider when drafting a prenuptial agreement in Wisconsin.
The agreement can control its own timing. Spouses may agree how property is handled at divorce, at death, or when some other event happens or does not happen. Spouses who want new terms during marriage can sign a post-nuptial agreement in Wisconsin.
Lasting is not the same as enforceable. An agreement is not enforceable if the challenging spouse proves it was unconscionable when made, was not signed voluntarily, or was signed without fair disclosure of the other spouse’s finances. At divorce, the court must follow the agreement unless its terms are inequitable to either spouse, and the court starts from the presumption that it is fair. It cannot reduce a child’s right to support.
If your prenup is years old, compare it to your current assets, debts, and family, and sign an amendment if the terms no longer fit. Exchange full financial disclosures again when you sign. See why a Wisconsin attorney should review your prenuptial agreement.
Because prenups do not expire in Wisconsin, Renier Hotopp Law Offices reviews older agreements, drafts amendments, and handles enforceability disputes at divorce through our Wisconsin divorce attorney services. Read more about the firm.
