Critical Elements to Include in a Strong Prenuptial Agreement

Talking about a prenuptial agreement isn't the most romantic part of wedding planning, but it's one of the most practical. We often hear the same worry from couples: "Doesn't asking for a prenup mean we don't trust each other?" In our experience, it's the opposite. A well-drafted prenup is a conversation about honesty, expectations, and protecting the life you're building together, not a prediction that the marriage will fail. 

At Lewis & Van Sickle, LLC, we've spent years helping individuals, families, and business owners plan for what's ahead, whether that means an estate plan, a business transaction, or a prenuptial agreement. Prenuptial agreements are a regular part of the family law conversations we have with clients, and we've seen firsthand how much clarity and peace of mind a well-drafted one can provide. 

From our offices in Green Bay and Pulaski, Wisconsin, we serve clients throughout Northeast Wisconsin and the greater Green Bay area, including Howard, Suamico, and Oconto. If you're considering a prenuptial agreement, reach out today to schedule an appointment, and we'll walk you through what it should include and how we can help you put one together. 

A Full and Honest Disclosure of Assets and Debts

The foundation of any enforceable prenuptial agreement is full financial disclosure. Both you and your spouse will need to lay out what you own and what you owe, including but not limited to the following:

• Bank accounts 

• Retirement funds 

• Real estate 

• Business interests 

• Investments 

• Student loans 

• Credit card debt 

• Anything else of financial significance 

Incomplete or dishonest disclosure is one of the most common reasons a court may decline to enforce some or all of a prenuptial agreement. If one spouse later discovers the other hid a business or a six-figure debt, the entire agreement can be challenged. Transparency isn't just good practice here, but it's what makes the document legally sound. Our attorney will walk you through exactly what needs to be disclosed and help you put together a complete, accurate financial picture before drafting begins. 

Clear Definitions of Separate vs. Marital Property

A strong prenup spells out, in plain language, what counts as separate property (assets owned before the marriage, inheritances, gifts) and what becomes marital property (assets acquired together during the marriage). Without this distinction, couples often assume the law will "just handle it," but state laws vary widely, and assumptions are exactly what a prenup is meant to eliminate. 

Be specific. Rather than using vague language such as "pre-marital assets remain separate," a well-drafted agreement identifies specific accounts, properties, or business interests by name whenever possible.  

In Wisconsin, this distinction carries extra weight. The state is a marital property state, meaning that under Wis. Stat. Chapter 766, most property acquired during the marriage is presumed to be owned equally by both spouses. A prenup, or "marital property agreement" under Wisconsin law, can modify that default. 

How Property Division Will Work If the Marriage Ends

This is often the section most couples think of first, and for good reason. A prenup can outline how your property, savings, and other assets will be divided in the event of divorce or separation. This might mean keeping certain assets entirely separate, agreeing to a specific split, or setting a formula based on the length of the marriage. 

Couples who address these aspects early tend to reach fairer, calmer agreements than those who try to negotiate it during a divorce. At Lewis & Van Sickle, LLC, we will help you think through the different approaches to property division and draft language that reflects what you both actually agree to.  

For Wisconsin couples specifically, this means addressing how the presumption of equal ownership under marital property law will apply (or not apply) to the assets you bring into or acquire during the marriage. 

Spousal Support (Alimony) Provisions

Prenups can address whether one spouse will pay the other spousal support, how much, and for how long, or whether both spouses agree to waive it entirely. The courts scrutinize these provisions more closely than most others, especially if enforcing them would be unconscionable or otherwise inconsistent with Wisconsin law at the time enforcement is sought. 

That's why we always recommend building in some flexibility or a fairness review, rather than an all-or-nothing waiver that could later be struck down. Our attorney can help make sure any spousal support provisions are drafted fairly for both of you and built to withstand any challenge. 

Protection for Business Interests 

If either you or your spouse owns a business, or plans to start one, a prenup should address how that business will be treated during the marriage and in the event of divorce. This can include keeping business ownership separate, protecting one spouse's equity stake, or outlining how any increase in the business's value during the marriage will be handled. 

Without business interest protection, one spouse's ownership stake, or a business partner's shares, can become entangled in divorce proceedings in ways that are costly and disruptive for everyone involved. Our experienced Wisconsin family law attorney will work closely with you to draft business protection language that safeguards your company and, where relevant, coordinates with any existing partnership or shareholder agreements.  

Debt Responsibility 

Just as important as dividing assets is deciding who's responsible for which debts. A strong prenup clarifies whether each spouse remains solely responsible for debt they brought into the marriage, and how any debt acquired jointly during the marriage will be handled if the relationship ends. 

Provisions for Existing Children 

If either spouse has children from a previous relationship, a prenup can help protect that child's inheritance rights. It also clarifies how certain assets will be preserved for them, separate from what a new spouse might otherwise be entitled to.

Note that prenups cannot determine child custody or child support in advance. Those decisions are made based on the child's best interests at the time, not by a contract signed years earlier. We will help you identify what can and can't be addressed in your prenup so your children's interests are protected under the law.

Estate Planning Coordination 

A prenup works best when it's coordinated with a will, trust, or other estate planning documents, rather than existing in isolation. We always encourage couples to review their prenup alongside their broader estate plan, including their wills and trusts, so the two don't accidentally contradict each other. We will review your prenup against your existing estate planning documents, or help you build both from the ground up together. 

Proper Execution Requirements

Even the most thoughtfully written prenup can be invalidated if it isn't executed properly. To hold up in court, a prenup generally needs to be: 

• In writing and signed by both parties  

• Signed voluntarily, without pressure or coercion  

• Signed well before the wedding whenever possible, reducing the risk of later claims that one party signed under undue pressure  

• Ideally reviewed by independent legal counsel for each spouse; while not a strict legal requirement in Wisconsin, it's one of the strongest factors courts weigh in favor of enforceability 

Each spouse should have their own attorney review the document before signing. At Lewis & Van Sickle, LLC, our attorney will help make sure your agreement is executed properly from start to finish, so it holds up if it's ever put to the test.  

Let's Talk About Your Prenuptial Agreement

Marriage brings two lives together, but it doesn't have to mean leaving important questions about money and property to chance. A prenup, done right, gives both partners a clear, honest starting point instead of guesswork down the road. 

From our offices in Green Bay and Pulaski, Wisconsin, we serve clients throughout Northeast Wisconsin and the greater Green Bay area, including Howard, Suamico, and Oconto. If you're considering a prenuptial agreement, reach out to Attorney James E. Lewis to schedule an appointment, and we'll help you build an agreement that you and your future spouse can both feel good about.