LRB-0775/1
PJK:sbb&jld:rs
2011 - 2012 LEGISLATURE
August 30, 2011 - Introduced by Representatives Kleefisch and Knilans. Referred
to Committee on Judiciary and Ethics.
AB235,1,2
1An Act to create 767.345 of the statutes;
relating to: approving premarital
2agreements.
Analysis by the Legislative Reference Bureau
Under current law, in an action for annulment, divorce, or legal separation,
there is a presumption that the property of the parties will be divided equally. The
court may alter that distribution, however, after considering a number of specified
factors, including whether the parties made a written agreement before or during the
marriage concerning an arrangement for property distribution. If the parties have
made such an agreement, the agreement is binding on the court unless it is
inequitable to either party. Case law provides that such an agreement must satisfy
three criteria to be equitable: 1) there must have been fair and reasonable disclosure
of the financial status of each party at the time the agreement was made; 2) the
agreement must have been entered into voluntarily and freely; and 3) the provisions
of the agreement must be fair to each party both when it was made and at the time
of the action.
This bill provides that, in an action for annulment, divorce, or legal separation,
a premarital agreement is binding on the court with respect to property division and
maintenance (formerly known as alimony).
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB235, s. 1
1Section
1. 767.345 of the statutes is created to read:
AB235,2,6
2767.345 Approval of premarital agreements. Notwithstanding s. 767.61
3(3) (L), if the parties in an action for an annulment, divorce, or legal separation
4executed a written agreement before the marriage concerning any issue arising in
5the event of the dissolution of the marriage, the agreement is binding on the court
6with respect to any of the following:
AB235,2,7
7(1) A division of property.
AB235,2,8
8(2) Maintenance payments.
AB235,2,1110
(1) This act first applies to actions for annulment, divorce, or legal separation
11that are commenced on the effective date of this subsection.
