Premarital agreement getting signed by married couple

Prenuptial and marital agreements can play a significant role in planning for the future. These agreements help couples establish clear expectations and protect their assets before and during marriage. By addressing financial arrangements and potential disputes early on, couples can build a strong foundation of trust and transparency. Understanding the benefits and nuances of these agreements can empower you to make informed decisions that safeguard your financial well-being and strengthen your relationship.

What Are Prenuptial and Marital Agreements?

Prenuptial and marital agreements in Wisconsin are legal contracts that address the division of property, financial responsibilities, and other matters in the event of a divorce or death of a spouse. A prenuptial agreement is created before marriage, whereas a marital or postnuptial agreement is created after marriage. As a community property state, Wisconsin, under the Marital Property Act, generally considers property acquired during the marriage to be marital property, subject to equal division. However, these agreements can override this default rule, allowing couples to determine how assets will be divided. By setting these terms in advance, couples can avoid potential conflicts and ensure a fair and transparent approach to their financial arrangements, providing peace of mind for both partners.

The Benefits of Prenuptial and Marital Agreements 

Prenuptial and marital agreements can provide significant benefits for both partners. They protect individual assets accumulated before marriage, ensuring that personal wealth remains secure. Additionally, they can clarify financial expectations and responsibilities, reducing potential conflicts and misunderstandings. Both types of agreements can provide a clear plan for the division of assets and debts in the event of a divorce, which can save time, stress, and legal fees. They are not just for those with substantial assets; even couples with modest means can benefit from the financial clarity that prenuptial and postnuptial agreements offer. 

What Issues Can Be Addressed in a Prenuptial or Marital Agreement?

Prenuptial and marital agreements can address a variety of important issues to provide protection for both partners. These agreements can be customized to fit the unique needs of each couple. Common issues addressed in prenuptial or marital agreements include:

  • Division of Property: Specify how assets will be divided in the event of divorce or death.
  • Separate vs. Marital Property: Identify which assets are considered separate property and which are marital property.
  • Debt Allocation: Determine responsibility for debts incurred before and during the marriage.
  • Spousal Support: Set terms for alimony, including the amount and duration.
  • Estate Planning: Outline inheritance rights and protect family heirlooms or business interests.
  • Financial Responsibilities: Clarify financial obligations, such as bill payments and savings goals.
  • Dispute Resolution: Establish methods for resolving disagreements, such as mediation or arbitration.

Contact Our Experienced Madison Prenuptial & Marital Agreement Attorneys

At Borakove Osman LLC, we provide personalized guidance in drafting prenuptial and marital agreements to protect your assets and ensure financial clarity. Our experienced team is here to help you build a strong foundation for your marriage. Contact us today to schedule a consultation and secure your future together.

Borakove Osman, LLC is your trusted partner for estate planning for young families in Wisconsin. Serving all of Wisconsin, including Madison and Dane County, we are dedicated to providing high-quality legal advice and representation to help you secure your family’s future.