AB417,106 17Section 106. 765.02 (3) of the statutes is created to read:
AB417,36,1918 765.02 (3) Marriage may be contracted between persons of the same sex or
19different sexes.
AB417,107 20Section 107 . 765.03 (1) of the statutes is amended to read:
AB417,37,621 765.03 (1) No marriage shall be contracted while either of the parties has a
22husband or wife spouse living, nor between persons who are nearer of kin than 2nd
23cousins except that marriage may be contracted between first cousins where the if
24a
female party has attained the age of 55 years or where if either party, at the time
25of application for a marriage license, submits an affidavit signed by a physician

1stating that either party is permanently sterile or that the 2 parties are otherwise
2permanently biologically incapable of producing a child together
. Relationship
3under this section shall be computed by the rule of the civil law, whether the parties
4to the marriage are of the half or of the whole blood. A marriage may not be
5contracted if either party has such want of understanding as renders him or her
6incapable of assenting to marriage.
AB417,108 7Section 108. 765.16 (1m) (intro.) of the statutes is amended to read:
AB417,37,138 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this
9state only after a marriage license has been issued therefor, and only by the mutual
10declarations of the 2 parties to be joined in marriage that they take each takes the
11other as husband and wife his or her spouse, made before an authorized officiating
12person and in the presence of at least 2 competent adult witnesses other than the
13officiating person. The following are authorized to be officiating persons:
AB417,109 14Section 109. 765.16 (1m) (c) of the statutes is amended to read:
AB417,37,1815 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they
16take
each takes the other as husband and wife his or her spouse, in accordance with
17the customs, rules, and regulations of any religious society, denomination, or sect to
18which either of the parties may belong.
AB417,110 19Section 110. 765.23 of the statutes is amended to read:
AB417,38,9 20765.23 Immaterial irregularities otherwise. No marriage hereafter
21contracted shall be void either by reason of the marriage license having been issued
22by a county clerk not having jurisdiction to issue the same; or by reason of any
23informality or irregularity of form in the application for the marriage license or in
24the marriage license itself, or the incompetency of the witnesses to such marriage;
25or because the marriage may have been solemnized in a county other than the county

1prescribed in s. 765.12, or more than 30 days after the date of the marriage license,
2if the marriage is in other respects lawful and is consummated with the full belief
3on the part of the persons so married, or either of them, that they have been lawfully
4joined in marriage. Where a marriage has been celebrated in one of the forms
5provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter
6assumed the habit and repute of husband and wife a married couple, and having
7continued the same uninterruptedly thereafter for the period of one year, or until the
8death of either of them, it shall be deemed that a marriage license has been issued
9as required by ss. 765.05 to 765.24 and 767.803.
AB417,111 10Section 111 . 765.24 of the statutes is amended to read:
AB417,38,24 11765.24 Removal of impediments to subsequent marriage. If a person
12during the lifetime of a husband or wife spouse with whom the marriage is in force,
13enters into a subsequent marriage contract in accordance with s. 765.16, and the
14parties thereto live together thereafter as husband and wife a married couple, and
15such subsequent marriage contract was entered into by one of the parties in good
16faith, in the full belief that the former husband or wife spouse was dead, or that the
17former marriage had been annulled, or dissolved by a divorce, or without knowledge
18of such former marriage, they the parties shall, after the impediment to their
19marriage has been removed by the death or divorce of the other party to such former
20marriage, if they continue to live together as husband and wife a married couple in
21good faith on the part of one of them, be held to have been legally married from and
22after the removal of such impediment and the issue of any children born during such
23subsequent marriage shall be considered as the marital issue children of both
24parents parties.
AB417,112 25Section 112 . 765.30 (3) (a) of the statutes is amended to read:
AB417,39,9
1765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating
2person who solemnizes a marriage unless the contracting parties have first obtained
3a proper marriage license as heretofore provided; or unless the parties to such
4marriage declare that they take each takes the other as husband and wife his or her
5spouse
; or without the presence of 2 competent adult witnesses; or solemnizes a
6marriage knowing of any legal impediment thereto; or solemnizes a marriage more
7than 30 days after the date of the marriage license; or falsely certifies to the date of
8a marriage solemnized by the officiating person; or solemnizes a marriage in a county
9other than the county prescribed in s. 765.12.
AB417,113 10Section 113 . 766.587 (7) (form) 9. of the statutes is amended to read:
AB417,39,1511 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF
12SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986,
13OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON
14OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE
15DATE THE PARTIES MARRY, WHICHEVER IS LATER.
AB417,39,1716 STATUTORY INDIVIDUAL
17 PROPERTY CLASSIFICATION AGREEMENT
AB417,39,1818 (Pursuant to Section 766.587, Wisconsin Statutes)
AB417,39,2019 This agreement is made and entered into by .... and ...., (husband and wife who
20are married
) (who intend to marry) (strike one).
AB417,39,2421 The parties to this agreement agree to classify all their property, including
22property owned by them now and property acquired before January 1, 1987, as the
23individual property of the owning spouse, and agree that ownership of their property
24shall be determined as if it were December 31, 1985.
AB417,39,2525 This agreement terminates on January 1, 1987.
AB417,40,1
1Signature .... Date ....
AB417,40,22 Print Name Here: ....
AB417,40,33 Address: ....
AB417,40,44 Signature .... Date ....
AB417,40,55 Print Name Here: ....
AB417,40,66 Address: ....
AB417,40,87 [Note: Each spouse should retain a copy of the agreement for himself or
8herself.]
AB417,114 9Section 114 . 766.588 (9) (form) 13. of the statutes is amended to read:
AB417,40,1310 766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE
11OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE
12URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED
13EFFECTIVENESS OF THIS AGREEMENT.
AB417,40,14 14Statutory terminable marital
AB417,40,15 15Property classification agreement
AB417,40,1616 (Pursuant to Section 766.588, Wisconsin Statutes)
AB417,40,2017 This agreement is entered into by .... and .... (husband and wife who are
18married
) (who intend to marry) (strike one). The parties hereby classify all of the
19property owned by them when this agreement becomes effective, and property
20acquired during the term of this agreement, as marital property.
AB417,40,2421 One spouse may terminate this agreement at any time by giving signed notice
22of termination to the other spouse. Notice of termination by a spouse is given upon
23personal delivery or when sent by certified mail to the other spouse's last-known
24address. The agreement terminates 30 days after such notice is given.
AB417,41,5
1The parties (have) (have not) (strike one) completed Schedule “A", “Financial
2Disclosure", attached to this agreement. If Schedule “A" has not been completed, the
3duration of this agreement is 3 years after both parties have signed the agreement.
4If Schedule “A" has been completed, the duration of this agreement is not limited to
53 years after it is signed.
AB417,41,146 IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3
7YEARS, MAKE SURE SCHEDULE “A", “FINANCIAL DISCLOSURE", IS
8COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE
9SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY
10ENTERED INTO A STATUTORY TERMINABLE MARITAL PROPERTY
11CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS
12EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR
13SPOUSE DID NOT COMPLETE SCHEDULE “A", YOU MAY NOT EXECUTE THIS
14AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE “A".
AB417,41,1515 Signature of One Spouse: ....
AB417,41,1616 Date: ....
AB417,41,1717 Print Name Here: ....
AB417,41,1818 Residence Address: ....
AB417,41,1919 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
AB417,41,20 20Authentication
AB417,41,2121 Signature .... authenticated this .... day of ...., .... (year)
AB417,41,2222 *....
AB417,41,2323 TITLE: MEMBER STATE BAR OF WISCONSIN
AB417,41,2424 (If not, .... authorized by s. 706.06, Wis. Stats.)
AB417,41,25 25Acknowledgment
AB417,42,1
1STATE OF WISCONSIN   )
AB417,42,22 )   ss.
AB417,42,33 .... County   )
AB417,42,64 Personally came before me this .... day of ...., .... (year) the above named .... to
5me known to be the person who executed the foregoing instrument and acknowledge
6the same.
AB417,42,77 *....
AB417,42,88 Notary Public ...., .... County, Wisconsin.
AB417,42,99 My Commission is permanent.
AB417,42,1010 (If not, state expiration date: ...., .... (year))
AB417,42,1111 (Signatures may be authenticated or
AB417,42,1212 acknowledged. Both are not necessary.)
AB417,42,1313 *Names of persons signing in any capacity should be
AB417,42,1414 typed or printed below their signatures.
AB417,42,1515 Signature of Other Spouse: ....
AB417,42,1616 Date: ....
AB417,42,1717 Print Name Here: ....
AB417,42,1818 Residence Address: ....
AB417,42,1919 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
AB417,42,20 20Authentication
AB417,42,2121 Signature .... authenticated this .... day of ...., .... (year)
AB417,42,2222 *....
AB417,42,2323 TITLE: MEMBER STATE BAR OF WISCONSIN
AB417,42,2424 (If not, .... authorized by s. 706.06, Wis. Stats.)
AB417,42,25 25Acknowledgment
AB417,43,1
1STATE OF WISCONSIN   )
AB417,43,22 )   ss.
AB417,43,33 .... County   )
AB417,43,64 Personally came before me this .... day of ...., .... (year) the above named .... to
5me known to be the person who executed the foregoing instrument and acknowledge
6the same.
AB417,43,77 *....
AB417,43,88 Notary Public ...., .... County, Wisconsin.
AB417,43,99 My Commission is permanent.
AB417,43,1010 (If not, state expiration date: ...., .... (year))
AB417,43,1111 (Signatures may be authenticated or
AB417,43,1212 acknowledged. Both are not necessary.)
AB417,43,1313 *Names of persons signing in any capacity should be
AB417,43,1414 typed or printed below their signatures.
AB417,43,15 15Termination of statutory terminable
AB417,43,16 16marital property classification agreement
AB417,43,1717 I UNDERSTAND THAT:
AB417,43,2018 1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS
19NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.588
20(4) OF THE WISCONSIN STATUTES.
AB417,43,2521 2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE
22CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION
23BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION
24BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL
25PROPERTY LAW.
AB417,44,3
13. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS
2UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE
3CREDIT IS EXTENDED.
Loading...
Loading...