By: Attorney Lindsey A. Kujawa While it may feel like you are negotiating a divorce in anticipation of your wedding day, the financial topics associated with prenuptial agreements clarify expectations and can create a strong foundation for your marriage. Most prenups address both divorce and estate planning so you need to be sure you work with a lawyer who has expertise in both areas of law. If you are unable or unwilling to communicate and jointly create a clear financial and legal plan before you get married, you may unintentionally set the stage for future marital issues. A prenup is a valuable way to plan for your future together. Done right, it can be a positive experience for both of you. Here are four considerations you need to know about pre and post-nuptial agreements in Wisconsin. 1. Each person should be represented by an attorneyIt is not required that a prenuptial agreement involve two lawyers, but the fairness requirements for validity set up in Wisconsin caselaw invite a challenge wherever parties are unrepresented. The best, most enforceable prenups are made with the assistance of collaborative counsel working together to ensure that the parties are making informed decisions. 2. Each person needs to fully disclose their finances to the otherA thorough financial disclosure is key to informed decision-making. Having an understanding of the complete financial picture allows parties to structure their agreement to meet financial needs and provides certainty of expectations. 3. Don’t forget financial agreements during the marriageA prenuptial agreement is more versatile than simply “who gets what in a divorce” or “who gets what at death.” A well-drafted prenuptial agreement also addresses household finances and asset/debt allocation during the marriage. 4. Timing mattersEach party must have adequate time to review the agreement and understand all of its terms. The best practice is to begin the negotiation well in advance of the wedding date to ensure neither party feels rushed. Last-minute agreements can also be a basis for court challenges later. Considerations for Postnuptial AgreementsSome couples decide they need a financial agreement long after their wedding. It is an option to create a postnuptial agreement using the above criteria. The one exception is timing. A postnuptial agreement may not be valid if entered into in anticipation of divorce. Any divorce agreement is not simply contractual, but must be approved by the court. Postnuptial agreements can help couples clarify financial allocations and obligations to avoid ongoing conflict and create a foundation for future decisions about finances and estate planning. Want More Information? Contact Us TodayAttorney Lindsey A. Kujawa practices family and estate planning law at Hansen & Hildebrand, S.C. Contact us at (414) 273-2422 or submit a contact form to discuss your concerns and get the legal advice you need to decide next steps.
One thing we have learned from the pandemic is the value and convenience of our increased use of technology. Though in-person meetings are now available, the option of virtual meetings will continue. At Hansen & Hildebrand, we use effective technology tools and offer clients a choice of in-person or virtual meetings. This increases business efficiency, reduces costs, and provides client-centered options. CONSULTING AND SETTLEMENT MEETINGSWe can conduct meetings via video conferencing, which permits audio and visual communication including document sharing on the screen. Clients only need a screen, camera, and speaker. Almost all phones, tablets and laptops are equipped for free video conferencing. DIGITAL FILE SHARINGWe use encrypted file sharing software as a secure and easy way to share documents. This works as a remote file cabinet where clients can both upload and review the documents and files necessary to manage your case. COURT FILINGSAll Wisconsin counties are required to accept court documents by electronic filing. The electronically filed version is considered the “original.” We eFile documents directly from our computers to the court via the court’s secure server E-SIGNINGAll documents can be signed with our firm’s secure e-signature software. We will email you the documents and you can simply sign with a touch screen or by typing your name. COURT HEARINGSMany courts are holding hearings with phone and Zoom video conferencing. If you and your spouse are able to reach agreement on settlement terms, in some counties a divorce can even be granted without a personal, video, or phone appearance. Trials and contested hearings with witnesses are generally being delayed, however. PAYMENTWe accept credit card payments via a secure Internet portal.
We have the tools and expertise to handle all divorce and family law issues in whichever online or in-person process you choose, including negotiation, litigation, collaborative and mediation. For more information about online mediation, see our Virtual Mediation page. The Hansen & Hildebrand Family Law Team is here to help you understand your options and make the best choices possible. For a free phone consultation, call Hansen & Hildebrand, S.C. at (414) 273-2422 or via our web contact. The Hansen & Hildebrand Family Law Team also practices in the following areas: |