Prenuptial & Postnuptial Agreements

Protect Your Assets & Future With an Enforceable Marital Agreement

Get the Legal Guidance You Need for a Prenup or Postnup Agreement

A strong financial plan is crucial for any marriage, and prenuptial or postnuptial agreements help protect both spouses’ interests. Whether you’re planning for marriage or already married and considering a postnuptial agreement, Gerard Law Firm provides strategic legal counsel to help you safeguard your assets, avoid financial disputes, and create a legally enforceable agreement tailored to your needs.

At Gerard Law Firm, we provide dedicated legal representation for fathers and mothers involved in paternity disputes. Our firm ensures that your rights are protected while working toward a resolution that serves the best interests of the child.

Call today, or fill out the contact form, for a consultation and take the first step in securing your parental rights.

Why Choose Gerard Law for Your Prenup or Postnup Agreement?

  • Experienced Family Law Representation: Our team is experienced in drafting, reviewing, and securing enforcement marital agreements in Wisconsin.

  • Tailored Agreements: Every relationship is different. We work to ensure your agreement reflects your unique financial and personal circumstances.

  • Protection for Both Parties: We ensure that agreements are fair, legally sound, and stand up in court if challenged.

  • Guidance Through the Process: Whether you're drafting an agreement before marriage or after, we help navigate the legal complexities to avoid future disputes.

  • At Gerard Law Firm, we have a history of success in representing clients across various legal matters. Our results speak for themselves, showcasing our ability to secure favorable outcomes in even the most challenging cases.

  • We understand that every legal case is unique. That's why we offer personalized attention to each client, ensuring that your specific needs and concerns are addressed. Attorney Benjamin Gerard takes the time to get to know you and your case, providing tailored legal strategies that work for you.

  • Gerard Law Firm is deeply rooted in southeastern Wisconsin. Our familiarity with the local courts, judges, and legal procedures in Delavan, Lake Geneva, Janesville, and surrounding areas gives us a distinct advantage. This local expertise allows us to navigate the legal landscape efficiently and effectively, providing you with the best possible representation.

  • We are dedicated to providing high-quality legal services that exceed our clients' expectations. From our initial consultation to the resolution of your case, we strive for excellence in everything we do. Our commitment to excellence ensures that you receive the best legal representation available.

  • At Gerard Law Firm, our clients are our top priority. We believe in open communication, transparency, and building strong attorney-client relationships. Our client-focused approach means that you can trust us to be responsive, accessible, and dedicated to achieving the best outcome for your case.

Prenup & Postnup Legal Services We Offer

Our firm provides comprehensive legal services for marital agreements, including:

Prenuptial Agreements

A prenuptial agreement (prenup) is a contract signed before marriage that outlines how assets, debts, and property will be handled in case of divorce, separation, or death.

Common reasons to establish a prenup:

  • Protecting premarital assets

  • Safeguarding business ownership or inheritance rights

  • Clarifying financial responsibilities during marriage

  • Reducing potential legal conflicts in the event of divorce

Postnuptial Agreements

A postnuptial agreement (postnup) is similar to a prenup but is signed after marriage. Couples may choose a postnup due to significant life changes such as starting a business, receiving an inheritance, or experiencing financial disputes.

Why couples seek postnuptial agreements:

  • Adjusting financial arrangements due to career changes or inheritance

  • Protecting one spouse from the other’s debts

  • Strengthening financial clarity in the marriage

  • Providing peace of mind in the event of separation

Enforcing or Modifying Marital Agreements

Marital agreements must be legally sound to be enforceable. If one party later claims the agreement was signed under duress or was unfair, it may not hold up in court. Our firm helps enforce valid agreements and advises on modifications when financial or personal circumstances change.

The Prenup & Postnup Process in Wisconsin

How Do Prenuptial / Postnuptial Agreements Work?

Understanding the legal process for drafting, negotiating, and enforcing a prenuptial or postnuptial agreement can help ensure your rights are protected. Our firm will guide you through every step:

1. Initial Consultation & Legal Evaluation

  • Discuss financial goals and concerns

  • Determine if a prenup or postnup is the best option

  • Identify key assets and liabilities

2. Drafting the Agreement

  • Outline terms for property division, debts, and spousal support

  • Ensure full financial disclosure by both parties

  • Customize the agreement based on your circumstances

3. Legal Review & Negotiation

  • Ensure fairness and legal validity

  • Address any concerns raised by either party’s attorney

  • Adjust terms before finalizing the document

4. Signing & Enforceability

  • Both parties must sign voluntarily, without coercion

  • Agreement must be in writing and properly executed

  • Courts will review for fairness and full financial disclosure

Common Questions About Paternity in Wisconsin

Are prenups legally enforceable in Wisconsin?

Yes, prenuptial agreements are enforceable if they are fair, properly executed, and both parties fully disclosed their assets. If the court finds the agreement was signed under duress or is grossly unfair, it may be invalidated.

Can a prenup or postnup include child custody or support terms?

No. Child custody and support decisions are determined by the court based on the best interests of the child at the time of divorce or separation.

Can we modify a prenup or postnup after marriage?

Yes. Both spouses must agree to any modifications, which must be documented in writing and legally executed.

Do both parties need a lawyer for a prenuptial or postnuptial agreement?

While not required, it is strongly recommended. Having separate legal representation helps prevent disputes over fairness or coercion later on.

What happens if we don’t have a prenup or postnup?

Without a marital agreement, Wisconsin’s community property laws apply, meaning assets and debts acquired during the marriage will typically be divided equally in a divorce.

Need Legal Help With a Prenuptial or Postnuptial Agreement?

Whether you need to draft, review, or enforce a marital agreement, Gerard Law Firm is here to help. Our family law team provides clear legal guidance to protect your financial future.