Wisconsin-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Wisconsin is a marital property state. It is the one state that adopted the Uniform Marital Property Act, and the result functions much like community property. Most property a couple acquires during the marriage is presumed to be marital property owned equally by both spouses, regardless of whose name is on it. That makes a prenuptial agreement matter more in Wisconsin, not less. Without one, the marital property system governs how your assets and income are classified and divided. A prenuptial agreement, called a marital property agreement in Wisconsin, is how you opt out of those default rules.
Wisconsin has not adopted the Uniform Premarital Agreement Act. Instead, prenuptial agreements are governed by Wis. Stat. § 766.58 and by a well-developed line of case law that begins with the 1986 Wisconsin Supreme Court decision Button v. Button. To be valid, the agreement must be in writing and signed by both spouses. Notarization is not required by statute but is recommended.
Under Button, an agreement is treated as inequitable, and can be set aside, if it is unfair in either of two ways:
If an agreement fails any one of these tests, a court can decline to enforce it. Whether an agreement is unconscionable is decided by the court as a matter of law, and Wisconsin makes clear that having one shared attorney, or one spouse represented and the other not, does not by itself make an agreement unenforceable.
There is one feature of Wisconsin law that is genuinely different from most states and that every couple should understand. Substantive fairness can be evaluated not only at the time the agreement was signed, but also at the time of divorce. Under Wis. Stat. § 767.61(3)(L) and the case law following Button, a court can find that enforcing an otherwise valid agreement would be inequitable because of how circumstances have changed during the marriage. In other words, an agreement that was fair when signed is not automatically guaranteed to be enforced years later. Wisconsin courts are also instructed to weigh the parties’ freedom of contract heavily, so this is a balancing test, not an easy escape hatch, but it is a real difference from states that judge fairness only at signing.
Spousal support, called maintenance in Wisconsin, is treated separately and more flexibly than property. A maintenance provision in a prenup is one factor a court considers under Wis. Stat. § 767.56 when deciding support, alongside factors like the length of the marriage and each spouse’s earning capacity. It is not automatically binding, and a waiver cannot leave a spouse with less than necessary and adequate support.
Wisconsin reviews prenups for fairness twice: once at signing and again, potentially, at divorce. A Wisconsin court can decline to enforce even a properly signed agreement if enforcing it would be inequitable given how circumstances have changed. That makes two things essential here: full, documented financial disclosure, and substantive terms that are fair to both parties rather than extreme. We draft Wisconsin agreements specifically to hold up under that two-point fairness review.
$150, credited toward your agreement.
Custom to Wisconsin law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Because Wisconsin courts can review a prenup for fairness both at signing and at divorce, we build the process around full, documented disclosure and substantively fair terms, not just proper signing.
Flat fee. Clear scope. No surprises.
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We work with couples across Wisconsin, from Milwaukee, Madison, and Green Bay to Kenosha, Racine, Appleton, Waukesha, and Eau Claire. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a Wisconsin-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, understands Wisconsin’s marital property system and the Button fairness standard, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in Wisconsin, called a marital property agreement, is a written contract signed by two people before marriage that sets out how their property, debts, and support will be handled if the marriage ends in divorce or death. Because Wisconsin is a marital property state, a prenup is the main tool couples use to opt out of the default rule that most property acquired during marriage is owned 50/50. These agreements are governed by Wis. Stat. § 766.58.
Yes, and they are presumed equitable, but Wisconsin reviews them more closely than many states. Under the Button v. Button framework, an agreement can be set aside if it was procedurally unfair, meaning inadequate disclosure or involuntary signing, or substantively unfair. Importantly, a court can assess fairness both at signing and at the time of divorce.
A valid Wisconsin prenup must be in writing and signed by both spouses. To withstand review, it should be supported by fair and reasonable financial disclosure, entered into voluntarily, and substantively fair to both parties. Notarization is recommended but not required by statute. Independent counsel is not required, and shared or one-sided representation does not by itself void an agreement.
At Prenups.com, a Wisconsin prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Wisconsin prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. Starting early matters in Wisconsin, because unrushed signing and thorough disclosure both strengthen the agreement against the state’s procedural fairness review.
Yes. A prenuptial agreement must be signed before marriage and takes effect on the date of marriage. If you are already married, the same statute allows a postnuptial marital property agreement. Wisconsin does not set a fixed statutory waiting period, but signing well in advance supports the conclusion that the agreement was entered into voluntarily.
Yes. Under Button v. Button and Wis. Stat. § 767.61(3)(L), a Wisconsin prenup can be set aside if it was procedurally unfair, such as inadequate disclosure or involuntary signing, or substantively unfair. Unlike most states, a Wisconsin court can also find that enforcing an agreement would be inequitable at the time of divorce, given how circumstances have changed, although courts weigh the parties’ freedom of contract heavily in that analysis.
A Wisconsin prenup can classify property as marital or individual, divide property and assets on divorce or death, address debts, gifts, and inheritances, protect a business or professional practice, address maintenance as a factor for the court, and waive certain spousal estate rights consistent with Wisconsin law.
A Wisconsin prenup cannot adversely affect a child’s right to support, and it cannot leave a spouse with less than necessary and adequate support through a maintenance waiver. It also cannot guarantee enforcement regardless of fairness, since a court can find enforcement inequitable at divorce, and it cannot include terms that violate public policy or law.
No. Wisconsin law specifically states that having one shared attorney, or one spouse represented and the other not, does not by itself make a marital property agreement unenforceable. That said, independent representation strengthens the case that the agreement was voluntary and fair, which directly supports enforceability under the Button standard.
Yes, and it is especially important in a marital property state like Wisconsin. Without a prenup, a business and its growth during the marriage can become marital property. A well-drafted agreement can classify a business as individual property, address future appreciation, and prevent a spouse from acquiring a marital interest in the company. This matters most for founders, partners, and professional practice owners.
Yes. In Wisconsin, both prenuptial and postnuptial agreements are marital property agreements under Wis. Stat. § 766.58, so a postnup uses the same statutory framework and the same fairness standard. It must be in writing, signed by both spouses, supported by fair disclosure, and substantively fair. At Prenups.com, a Wisconsin postnuptial agreement is a flat fee of $4,500.
Schedule a 30-minute consultation with a Wisconsin-licensed prenup attorney. Flat-fee pricing, a fully virtual process, no surprises.
