AB337,122 9Section 122. 700.19 (2) of the statutes is amended to read:
AB337,42,1710 700.19 (2) Husband and wife Spouses. If persons named as owners in a
11document of title, transferees in an instrument of transfer, or buyers in a bill of sale
12are described in the document, instrument, or bill of sale as husband and wife
13married to each other, or are in fact husband and wife married to each other, they are
14joint tenants, unless the intent to create a tenancy in common is expressed in the
15document, instrument, or bill of sale. This subsection applies to property acquired
16before January 1, 1986, and, if ch. 766 does not apply when the property is acquired,
17to property acquired on or after January 1, 1986.
AB337,123 18Section 123. 705.01 (4) of the statutes is amended to read:
AB337,42,2419 705.01 (4) “Joint account" means an account, other than a marital account,
20payable on request to one or more of 2 or more parties whether or not mention is made
21of any right of survivorship. “Joint account" also means any account established with
22the right of survivorship on or after January 1, 1986, by 2 parties who claim to be
23husband and wife married to each other, which is payable on request to either or both
24of the parties.
AB337,124 25Section 124. 705.01 (4m) of the statutes is amended to read:
AB337,43,6
1705.01 (4m) “Marital account" means an account established without the right
2of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and
3wife
married to each other, which is payable on request to either or both of the parties
4and which is designated as a marital account. An account established by those
5parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint
6account.
AB337,125 7Section 125. 706.09 (1) (e) of the statutes is amended to read:
AB337,43,148 706.09 (1) (e) Marital interests. Homestead of the spouse of any transferor of
9an interest in real estate, if the recorded conveyance purporting to transfer the
10homestead states that the person executing it is single, unmarried , or widowed a
11surviving spouse
or fails to indicate the marital status of the transferor, and if the
12conveyance has, in either case, appeared of record for 5 years. This paragraph does
13not apply to the interest of a married person who is described of record as a holder
14in joint tenancy or of marital property with that transferor.
AB337,126 15Section 126 . 765.001 (2) of the statutes is amended to read:
AB337,44,816 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability
17and best interests of marriage and the family. It is the intent of the legislature to
18recognize the valuable contributions of both spouses during the marriage and at
19termination of the marriage by dissolution or death. Marriage is the institution that
20is the foundation of the family and of society. Its stability is basic to morality and
21civilization, and of vital interest to society and the state. The consequences of the
22marriage contract are more significant to society than those of other contracts, and
23the public interest must be taken into account always. The seriousness of marriage
24makes adequate premarital counseling and education for family living highly
25desirable and courses thereon are urged upon all persons contemplating marriage.

1The impairment or dissolution of the marriage relation generally results in injury
2to the public wholly apart from the effect upon the parties immediately concerned.
3Under the laws of this state, marriage is a legal relationship between 2 equal
4persons, a husband and wife, who owe to each other mutual responsibility and
5support. Each spouse has an equal obligation in accordance with his or her ability
6to contribute money or services or both which are necessary for the adequate support
7and maintenance of his or her minor children and of the other spouse. No spouse may
8be presumed primarily liable for support expenses under this subsection.
AB337,127 9Section 127 . 765.01 of the statutes is amended to read:
AB337,44,13 10765.01 A civil contract. Marriage, so far as its validity at law is concerned,
11is a civil contract, to which the consent of the parties capable in law of contracting
12is essential, and which creates the legal status of husband and wife spouse to each
13other
.
AB337,128 14Section 128. 765.02 (3) of the statutes is created to read:
AB337,44,1615 765.02 (3) Marriage may be contracted between persons of the same sex or
16different sexes.
AB337,129 17Section 129 . 765.03 (1) of the statutes is amended to read:
AB337,45,318 765.03 (1) No marriage shall be contracted while either of the parties has a
19husband or wife spouse living, nor between persons who are nearer of kin than 2nd
20cousins except that marriage may be contracted between first cousins where the
21female has attained the age of 55 years or where
if either party, at the time of
22application for a marriage license, submits an affidavit signed by a physician stating
23that either party is permanently sterile or that the 2 parties are otherwise
24permanently biologically incapable of producing a child together
. Relationship
25under this section shall be computed by the rule of the civil law, whether the parties

1to the marriage are of the half or of the whole blood. A marriage may not be
2contracted if either party has such want of understanding as renders him or her
3incapable of assenting to marriage.
AB337,130 4Section 130. 765.16 (1m) (intro.) of the statutes is amended to read:
AB337,45,105 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this
6state only after a marriage license has been issued therefor, and only by the mutual
7declarations of the 2 parties to be joined in marriage that they take each takes the
8other as husband and wife his or her spouse, made before an authorized officiating
9person and in the presence of at least 2 competent adult witnesses other than the
10officiating person. The following are authorized to be officiating persons:
AB337,131 11Section 131. 765.16 (1m) (c) of the statutes is amended to read:
AB337,45,1512 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they
13take
each takes the other as husband and wife his or her spouse, in accordance with
14the customs, rules, and regulations of any religious society, denomination, or sect to
15which either of the parties may belong.
AB337,132 16Section 132. 765.23 of the statutes is amended to read:
AB337,46,6 17765.23 Immaterial irregularities otherwise. No marriage hereafter
18contracted shall be void either by reason of the marriage license having been issued
19by a county clerk not having jurisdiction to issue the same; or by reason of any
20informality or irregularity of form in the application for the marriage license or in
21the marriage license itself, or the incompetency of the witnesses to such marriage;
22or because the marriage may have been solemnized in a county other than the county
23prescribed in s. 765.12, or more than 30 days after the date of the marriage license,
24if the marriage is in other respects lawful and is consummated with the full belief
25on the part of the persons so married, or either of them, that they have been lawfully

1joined in marriage. Where a marriage has been celebrated in one of the forms
2provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter
3assumed the habit and repute of husband and wife a married couple, and having
4continued the same uninterruptedly thereafter for the period of one year, or until the
5death of either of them, it shall be deemed that a marriage license has been issued
6as required by ss. 765.05 to 765.24 and 767.803.
AB337,133 7Section 133 . 765.24 of the statutes is amended to read:
AB337,46,21 8765.24 Removal of impediments to subsequent marriage. If a person
9during the lifetime of a husband or wife spouse with whom the marriage is in force,
10enters into a subsequent marriage contract in accordance with s. 765.16, and the
11parties thereto live together thereafter as husband and wife a married couple, and
12such subsequent marriage contract was entered into by one of the parties in good
13faith, in the full belief that the former husband or wife spouse was dead, or that the
14former marriage had been annulled, or dissolved by a divorce, or without knowledge
15of such former marriage, they the parties shall, after the impediment to their
16marriage has been removed by the death or divorce of the other party to such former
17marriage, if they continue to live together as husband and wife a married couple in
18good faith on the part of one of them, be held to have been legally married from and
19after the removal of such impediment and the issue of any children born during such
20subsequent marriage shall be considered as the marital issue children of both
21parents parties.
AB337,134 22Section 134 . 765.30 (3) (a) of the statutes is amended to read:
AB337,47,623 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating
24person who solemnizes a marriage unless the contracting parties have first obtained
25a proper marriage license as heretofore provided; or unless the parties to such

1marriage declare that they take each takes the other as husband and wife his or her
2spouse
; or without the presence of 2 competent adult witnesses; or solemnizes a
3marriage knowing of any legal impediment thereto; or solemnizes a marriage more
4than 30 days after the date of the marriage license; or falsely certifies to the date of
5a marriage solemnized by the officiating person; or solemnizes a marriage in a county
6other than the county prescribed in s. 765.12.
AB337,135 7Section 135 . 766.587 (7) (form) 9. of the statutes is amended to read:
AB337,47,128 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF
9SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986,
10OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON
11OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE
12DATE THE PARTIES MARRY, WHICHEVER IS LATER.
AB337,47,1413 STATUTORY INDIVIDUAL
14 PROPERTY CLASSIFICATION AGREEMENT
AB337,47,1515 (Pursuant to Section 766.587, Wisconsin Statutes)
AB337,47,1716 This agreement is made and entered into by .... and ...., (husband and wife who
17are married
) (who intend to marry) (strike one).
AB337,47,2118 The parties to this agreement agree to classify all their property, including
19property owned by them now and property acquired before January 1, 1987, as the
20individual property of the owning spouse, and agree that ownership of their property
21shall be determined as if it were December 31, 1985.
AB337,47,2222 This agreement terminates on January 1, 1987.
AB337,47,2323 Signature .... Date ....
AB337,47,2424 Print Name Here: ....
AB337,47,2525 Address: ....
AB337,48,1
1Signature .... Date ....
AB337,48,22 Print Name Here: ....
AB337,48,33 Address: ....
AB337,48,54 [Note: Each spouse should retain a copy of the agreement for himself or
5herself.]
AB337,136 6Section 136 . 766.588 (9) (form) 13. of the statutes is amended to read:
AB337,48,107 766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE
8OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE
9URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED
10EFFECTIVENESS OF THIS AGREEMENT.
AB337,48,11 11Statutory terminable marital
AB337,48,12 12Property classification agreement
AB337,48,1313 (Pursuant to Section 766.588, Wisconsin Statutes)
AB337,48,1714 This agreement is entered into by .... and .... (husband and wife who are
15married
) (who intend to marry) (strike one). The parties hereby classify all of the
16property owned by them when this agreement becomes effective, and property
17acquired during the term of this agreement, as marital property.
AB337,48,2118 One spouse may terminate this agreement at any time by giving signed notice
19of termination to the other spouse. Notice of termination by a spouse is given upon
20personal delivery or when sent by certified mail to the other spouse's last-known
21address. The agreement terminates 30 days after such notice is given.
AB337,49,222 The parties (have) (have not) (strike one) completed Schedule “A", “ Financial
23Disclosure", attached to this agreement. If Schedule “A" has not been completed, the
24duration of this agreement is 3 years after both parties have signed the agreement.

1If Schedule “A" has been completed, the duration of this agreement is not limited to
23 years after it is signed.
AB337,49,113 IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3
4YEARS, MAKE SURE SCHEDULE “A", “FINANCIAL DISCLOSURE", IS
5COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE
6SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY
7ENTERED INTO A STATUTORY TERMINABLE MARITAL PROPERTY
8CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS
9EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR
10SPOUSE DID NOT COMPLETE SCHEDULE “A", YOU MAY NOT EXECUTE THIS
11AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE “A".
AB337,49,1212 Signature of One Spouse: ....
AB337,49,1313 Date: ....
AB337,49,1414 Print Name Here: ....
AB337,49,1515 Residence Address: ....
AB337,49,1616 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
AB337,49,17 17Authentication
AB337,49,1818 Signature .... authenticated this .... day of ...., .... (year)
AB337,49,1919 *....
AB337,49,2020 TITLE: MEMBER STATE BAR OF WISCONSIN
AB337,49,2121 (If not, .... authorized by s. 706.06, Wis. Stats.)
AB337,49,22 22Acknowledgment
AB337,49,2323 STATE OF WISCONSIN   )
AB337,49,2424 )   ss.
AB337,49,2525 .... County   )
AB337,50,3
1Personally came before me this .... day of ...., .... (year) the above named .... to
2me known to be the person who executed the foregoing instrument and acknowledge
3the same.
AB337,50,44 *....
AB337,50,55 Notary Public ...., .... County, Wisconsin.
AB337,50,66 My Commission is permanent.
AB337,50,77 (If not, state expiration date: ...., .... (year))
AB337,50,88 (Signatures may be authenticated or
AB337,50,99 acknowledged. Both are not necessary.)
AB337,50,1010 *Names of persons signing in any capacity should be
AB337,50,1111 typed or printed below their signatures.
AB337,50,1212 Signature of Other Spouse: ....
AB337,50,1313 Date: ....
AB337,50,1414 Print Name Here: ....
AB337,50,1515 Residence Address: ....
AB337,50,1616 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
AB337,50,17 17Authentication
AB337,50,1818 Signature .... authenticated this .... day of ...., .... (year)
AB337,50,1919 *....
AB337,50,2020 TITLE: MEMBER STATE BAR OF WISCONSIN
AB337,50,2121 (If not, .... authorized by s. 706.06, Wis. Stats.)
AB337,50,22 22Acknowledgment
AB337,50,2323 STATE OF WISCONSIN   )
AB337,50,2424 )   ss.
AB337,50,2525 .... County   )
AB337,51,3
1Personally came before me this .... day of ...., .... (year) the above named .... to
2me known to be the person who executed the foregoing instrument and acknowledge
3the same.
AB337,51,44 *....
AB337,51,55 Notary Public ...., .... County, Wisconsin.
Loading...
Loading...