If you’re getting married in Wisconsin and wondering whether you have to hire a lawyer to create a prenuptial agreement that will actually hold up in court, the short answer is: legally, no. Wisconsin law does not require legal representation for a marital property agreement, commonly called an MPA or prenup, to be valid. But the deeper truth is that a prenup without legal guidance is like sailing calm waters without a life jacket. Wisconsin courts treat these agreements like contracts and expect them to meet certain core standards for fairness, voluntariness, and clarity. These requirements are derived from state statutory law and Wisconsin court cases. While you can write one yourself, the stronger choice for peace of mind and certainty is working with attorneys who know Wisconsin’s expectations inside and out.
Wisconsin is a community property state. This means that all property obtained during marriage is considered marital property, even if separate property was used to obtain that property. So it’s very important to use a prenup in Wisconsin to ensure that separate property, including earned income, remains separate in the event of divorce, should you wish to keep separate property out of marital property. An attorney review can help you ensure that your values are reflected in the prenuptial agreement.
Should we each have an attorney, or can only one of us hire one?
Imagine one partner sits across from a lawyer, and the other just signs a stack of papers. Technically, that’s allowed in Wisconsin, but it sets up a scenario that courts view skeptically, especially if the agreement is ever contested. The key case here is Button v. Button, where Wisconsin’s Supreme Court laid the groundwork for evaluating these agreements. They established that an agreement is most defensible if each partner had the chance to understand what they were signing, had enough time to review it, and ideally had their own legal support (Button v. Button (1986)). That’s because a prenup isn’t just a legal form. A prenup actually changes the parties’ legal rights. So if only one spouse had legal assistance, courts may worry that the agreement isn’t truly informed or fair.
Can we share a lawyer?
You’re planning a wedding, not a courtroom battle, so it can be tempting to go with a single attorney for both of you. It seems cheaper and practical, but legally, it’s unwise. Wisconsin law expects prenups to reflect independent, informed consent. Sharing a lawyer raises red flags of imbalance or conflict of interest, even unintentionally. The risk isn’t just theoretical. If a judge ever thinks one spouse was pressured or underrepresented, they may refuse to uphold the agreement. And disagreements can happen later, especially when the stakes are high. So even if you both intend to enter the agreement in good faith, the safer path is separate legal representation. Clarity now prevents regret later.
What are the requirements of a valid prenup in Wisconsin?
To make a prenuptial agreement (aka “marital property agreement”) valid and enforceable in Wisconsin, it must be thoughtfully and deliberately crafted. First, it must be in writing and signed by both parties before you say “I do.” A last-minute agreement on the wedding day can look suspicious, even if both of you agree. Courts look for signs of real, voluntary consent, and this consent must be free from pressure. Second, there must be full financial disclosure. That means listing your assets, debts, and income ideally in writing and attached to the agreement. The Button v. Button decision highlights this as a core requirement. Each person should understand the other’s financial picture, whether that’s through actual knowledge or written statements.
Third, the prenup has to satisfy procedural and substantive fairness. Procedurally, each spouse needs time to review and a real understanding of what rights they’re signing away. Substantively, courts ask whether the outcome felt fair at the time of signing. The agreement doesn’t need to be perfectly balanced, but it cannot be unconscionably lopsided. Fourth, the prenup must not include what’s legally off-limits in Wisconsin. You can plan property division, alimony, or support matters, but you cannot bind custody or child support arrangements, or include out-of-bounds provisions like appearance clauses or punitive conditions (Wis. Stat. § 767.511(1)). Finally, at the time of divorce, Wisconsin courts will re-check the agreement’s fairness. The Button test continues to apply both when it’s created and when it’s enforced.
Can I write my own prenup?
If you’re resourceful and legally minded, you can draft your own prenup in Wisconsin. Many start with online templates or jump straight into word processing. But unless you mirror Wisconsin’s legal, financial, and fairness standards exactly, the agreement may be thrown out later. A DIY agreement can fail for subtle reasons such as imperfect disclosure, vague language, imbalance, or timing too close to the wedding. Without an attorney to guide you through disclosure details, fairness thresholds, and how to avoid including prohibited components like custody terms, you risk drafting something that not only doesn’t protect you, it becomes a liability.
Even if you know exactly what you want, a lawyer can translate that into legally sound, enforceable language. Think of that lawyer as an artisan forging your intent into something that lasts. If you’re set on DIY’ing your prenup, consider the trusted prenup platform, HelloPrenup. This platform provides expertly drafted prenups based on your specific answers to an in-depth questionnaire, and each prenup is aligned with your state’s laws. Additionally, you can add on attorney services and receive guidance and prenup signatures from Wisconsin prenup lawyers. This hybrid option will scratch your DIY itch, save you money, and provide a solid prenup.
How much will a prenup lawyer in Wisconsin cost?
Budgeting for attorneys can feel heavy when you’re also planning a wedding. But compare that to the cost of disputes, uncertainty, or legal challenges later, and prenup costs will feel like a bargain. For a completed, enforceable agreement with independent attorney support for both parties, standard fees often range between $3,000 and $8,000 per person, depending on complexity, assets, and customization. Simpler cases where both parties agree on terms and just need review or minor tweaks may fall in the $1,500–$3,500 range per person. Some firms may offer flat-rate packages for couples with basic defaults like property division only. It sounds like a lot, but think of it like protecting a shared investment: paying a bit now can preserve many thousands later, emotionally and financially.
According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000. That’s a lot of money for couples currently in wedding-planning mode. Highly regarded, online prenup services like HelloPrenup will provide you with a personalized, expertly drafted prenuptial agreement that abides by Wisconsin’s state laws for a flat fee of $599, plus $699 to add on the services of a Wisconsin-licensed prenup lawyer.
Final thoughts on whether you need a lawyer for a valid prenup in Wisconsin
You don’t need a lawyer to sign a prenup in Wisconsin, but if you want something built to last, something your future self will be thankful for, legal guidance is your best ally. Wisconsin expects voluntary, fair, and informed agreements. That includes mindful timing, meaningful disclosure, and good-faith negotiation. Independent attorneys provide the guardrails to ensure your agreement not only reflects your intentions but can stand up in court, should your future need require it. Sit down with your partner and make a plan to craft a prenup that abides by Wisconsin laws and both of your desires. You’ll be thankful for the peace of mind that comes with a well-drafted prenup.
Bock Law, LLC focuses on estate planning and keeping families out of conflict. Heather received her BA as a double major in Political Science and Russian Area Studies from the University of Pennsylvania, where she graduated Cum Laude. She then received her MA in Russian and Eastern European Politics from George Washington University.
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