AB816,36,192 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability
3and best interests of marriage and the family. It is the intent of the legislature to
4recognize the valuable contributions of both spouses during the marriage and at
5termination of the marriage by dissolution or death. Marriage is the institution that
6is the foundation of the family and of society. Its stability is basic to morality and
7civilization, and of vital interest to society and the state. The consequences of the
8marriage contract are more significant to society than those of other contracts, and
9the public interest must be taken into account always. The seriousness of marriage
10makes adequate premarital counseling and education for family living highly
11desirable and courses thereon are urged upon all persons contemplating marriage.
12The impairment or dissolution of the marriage relation generally results in injury
13to the public wholly apart from the effect upon the parties immediately concerned.
14Under the laws of this state, marriage is a legal relationship between 2 equal
15persons, a husband and wife, who owe to each other mutual responsibility and
16support. Each spouse has an equal obligation in accordance with his or her ability
17to contribute money or services or both which are necessary for the adequate support
18and maintenance of his or her minor children and of the other spouse. No spouse may
19be presumed primarily liable for support expenses under this subsection.
AB816,106 20Section 106. 765.01 of the statutes is amended to read:
AB816,36,24 21765.01 A civil contract. Marriage, so far as its validity at law is concerned,
22is a civil contract, to which the consent of the parties capable in law of contracting
23is essential, and which creates the legal status of husband and wife spouse to each
24other
.
AB816,107 25Section 107. 765.02 (3) of the statutes is created to read:
AB816,37,2
1765.02 (3) Marriage may be contracted between persons of the same or opposite
2sex.
AB816,108 3Section 108. 765.03 (1) of the statutes is amended to read:
AB816,37,144 765.03 (1) No marriage shall be contracted while either of the parties has a
5husband or wife living, nor between persons who are nearer of kin than 2nd cousins
6except that marriage may be contracted between first cousins where the if a female
7party has attained the age of 55 years or where if either party, at the time of
8application for a marriage license, submits an affidavit signed by a physician stating
9that either party is permanently sterile or that the 2 parties are otherwise
10permanently biologically incapable of producing a child together
. Relationship
11under this section shall be computed by the rule of the civil law, whether the parties
12to the marriage are of the half or of the whole blood. A marriage may not be
13contracted if either party has such want of understanding as renders him or her
14incapable of assenting to marriage.
AB816,109 15Section 109. 765.16 (1m) (intro.) of the statutes is amended to read:
AB816,37,2116 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this
17state only after a marriage license has been issued therefor, and only by the mutual
18declarations of the 2 parties to be joined in marriage that they take each takes the
19other as husband and wife his or her spouse, made before an authorized officiating
20person and in the presence of at least 2 competent adult witnesses other than the
21officiating person. The following are authorized to be officiating persons:
AB816,110 22Section 110. 765.16 (1m) (c) of the statutes is amended to read:
AB816,38,223 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they
24take
each takes the other as husband and wife his or her spouse, in accordance with

1the customs, rules, and regulations of any religious society, denomination, or sect to
2which either of the parties may belong.
AB816,111 3Section 111. 765.23 of the statutes is amended to read:
AB816,38,18 4765.23 Immaterial irregularities otherwise. No marriage hereafter
5contracted shall be void either by reason of the marriage license having been issued
6by a county clerk not having jurisdiction to issue the same; or by reason of any
7informality or irregularity of form in the application for the marriage license or in
8the marriage license itself, or the incompetency of the witnesses to such marriage;
9or because the marriage may have been solemnized in a county other than the county
10prescribed in s. 765.12, or more than 30 days after the date of the marriage license,
11if the marriage is in other respects lawful and is consummated with the full belief
12on the part of the persons so married, or either of them, that they have been lawfully
13joined in marriage. Where a marriage has been celebrated in one of the forms
14provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter
15assumed the habit and repute of husband and wife a married couple, and having
16continued the same uninterruptedly thereafter for the period of one year, or until the
17death of either of them, it shall be deemed that a marriage license has been issued
18as required by ss. 765.05 to 765.24 and 767.803.
AB816,112 19Section 112. 765.24 of the statutes is amended to read:
AB816,39,8 20765.24 Removal of impediments to subsequent marriage. If a person
21during the lifetime of a husband or wife spouse with whom the marriage is in force,
22enters into a subsequent marriage contract in accordance with s. 765.16, and the
23parties thereto live together thereafter as husband and wife a married couple, and
24such subsequent marriage contract was entered into by one of the parties in good
25faith, in the full belief that the former husband or wife spouse was dead, or that the

1former marriage had been annulled, or dissolved by a divorce, or without knowledge
2of such former marriage, they the parties shall, after the impediment to their
3marriage has been removed by the death or divorce of the other party to such former
4marriage, if they continue to live together as husband and wife a married couple in
5good faith on the part of one of them, be held to have been legally married from and
6after the removal of such impediment and the issue of any children born during such
7subsequent marriage shall be considered as the marital issue children of both
8parents parties.
AB816,113 9Section 113. 765.30 (3) (a) of the statutes is amended to read:
AB816,39,1810 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating
11person who solemnizes a marriage unless the contracting parties have first obtained
12a proper marriage license as heretofore provided; or unless the parties to such
13marriage declare that they take each takes the other as husband and wife his or her
14spouse
; or without the presence of 2 competent adult witnesses; or solemnizes a
15marriage knowing of any legal impediment thereto; or solemnizes a marriage more
16than 30 days after the date of the marriage license; or falsely certifies to the date of
17a marriage solemnized by the officiating person; or solemnizes a marriage in a county
18other than the county prescribed in s. 765.12.
AB816,114 19Section 114. 766.587 (7) (form) 9. of the statutes is amended to read:
AB816,39,2420 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF
21SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986,
22OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON
23OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE
24DATE THE PARTIES MARRY, WHICHEVER IS LATER.
AB816,40,2
1STATUTORY INDIVIDUAL
2 PROPERTY CLASSIFICATION AGREEMENT
AB816,40,33 (Pursuant to Section 766.587, Wisconsin Statutes)
AB816,40,54 This agreement is made and entered into by .... and ...., (husband and wife who
5are married
) (who intend to marry) (strike one).
AB816,40,96 The parties to this agreement agree to classify all their property, including
7property owned by them now and property acquired before January 1, 1987, as the
8individual property of the owning spouse, and agree that ownership of their property
9shall be determined as if it were December 31, 1985.
AB816,40,1010 This agreement terminates on January 1, 1987.
AB816,40,1111 Signature .... Date ....
AB816,40,1212 Print Name Here: ....
AB816,40,1313 Address: ....
AB816,40,1414 Signature .... Date ....
AB816,40,1515 Print Name Here: ....
AB816,40,1616 Address: ....
AB816,40,1817 [Note: Each spouse should retain a copy of the agreement for himself or
18herself.]
AB816,115 19Section 115. 766.588 (9) (form) 13. of the statutes is amended to read:
AB816,40,2320 766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE
21OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE
22URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED
23EFFECTIVENESS OF THIS AGREEMENT.
AB816,40,24 24Statutory terminable marital
AB816,40,25 25Property classification agreement
AB816,41,1
1(Pursuant to Section 766.588, Wisconsin Statutes)
AB816,41,52 This agreement is entered into by .... and .... (husband and wife who are
3married
) (who intend to marry) (strike one). The parties hereby classify all of the
4property owned by them when this agreement becomes effective, and property
5acquired during the term of this agreement, as marital property.
AB816,41,96 One spouse may terminate this agreement at any time by giving signed notice
7of termination to the other spouse. Notice of termination by a spouse is given upon
8personal delivery or when sent by certified mail to the other spouse's last-known
9address. The agreement terminates 30 days after such notice is given.
AB816,41,1410 The parties (have) (have not) (strike one) completed Schedule "A", "Financial
11Disclosure", attached to this agreement. If Schedule "A" has not been completed, the
12duration of this agreement is 3 years after both parties have signed the agreement.
13If Schedule "A" has been completed, the duration of this agreement is not limited to
143 years after it is signed.
AB816,41,2315 IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3
16YEARS, MAKE SURE SCHEDULE "A", "FINANCIAL DISCLOSURE", IS
17COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE
18SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY
19ENTERED INTO A STATUTORY TERMINABLE MARITAL PROPERTY
20CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS
21EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR
22SPOUSE DID NOT COMPLETE SCHEDULE "A", YOU MAY NOT EXECUTE THIS
23AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE "A".
AB816,41,2424 Signature of One Spouse: ....
AB816,41,2525 Date: ....
AB816,42,1
1Print Name Here: ....
AB816,42,22 Residence Address: ....
AB816,42,33 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
AB816,42,4 4Authentication
AB816,42,55 Signature .... authenticated this .... day of ...., .... (year)
AB816,42,66 *....
AB816,42,77 TITLE: MEMBER STATE BAR OF WISCONSIN
AB816,42,88 (If not, .... authorized by s. 706.06, Wis. Stats.)
AB816,42,9 9Acknowledgment
AB816,42,1010 STATE OF WISCONSIN   )
AB816,42,1111 )   ss.
AB816,42,1212 .... County   )
AB816,42,1513 Personally came before me this .... day of ...., .... (year) the above named .... to
14me known to be the person who executed the foregoing instrument and acknowledge
15the same.
AB816,42,1616 *....
AB816,42,1717 Notary Public ...., .... County, Wisconsin.
AB816,42,1818 My Commission is permanent.
AB816,42,1919 (If not, state expiration date: ...., .... (year))
AB816,42,2020 (Signatures may be authenticated or
AB816,42,2121 acknowledged. Both are not necessary.)
AB816,42,2222 *Names of persons signing in any capacity should be
AB816,42,2323 typed or printed below their signatures.
AB816,42,2424 Signature of Other Spouse: ....
AB816,42,2525 Date: ....
AB816,43,1
1Print Name Here: ....
AB816,43,22 Residence Address: ....
AB816,43,33 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
AB816,43,4 4Authentication
AB816,43,55 Signature .... authenticated this .... day of ...., .... (year)
AB816,43,66 *....
AB816,43,77 TITLE: MEMBER STATE BAR OF WISCONSIN
AB816,43,88 (If not, .... authorized by s. 706.06, Wis. Stats.)
AB816,43,9 9Acknowledgment
AB816,43,1010 STATE OF WISCONSIN   )
AB816,43,1111 )   ss.
AB816,43,1212 .... County   )
AB816,43,1513 Personally came before me this .... day of ...., .... (year) the above named .... to
14me known to be the person who executed the foregoing instrument and acknowledge
15the same.
AB816,43,1616 *....
AB816,43,1717 Notary Public ...., .... County, Wisconsin.
AB816,43,1818 My Commission is permanent.
AB816,43,1919 (If not, state expiration date: ...., .... (year))
AB816,43,2020 (Signatures may be authenticated or
AB816,43,2121 acknowledged. Both are not necessary.)
AB816,43,2222 *Names of persons signing in any capacity should be
AB816,43,2323 typed or printed below their signatures.
AB816,43,24 24Termination of statutory terminable
AB816,43,25 25marital property classification agreement
AB816,44,1
1I UNDERSTAND THAT:
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