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Wisconsin prenuptial agreement, Milwaukee prenuptial agreement lawyers, community property state, divorce process, challenge a prenupIf you are in the divorce process and your spouse is attempting to enforce a prenuptial agreement, there may be a way to challenge the agreement in whole or in part. However, in many cases, this will be an uphill battle—there are a limited number of grounds on which to challenge a prenup.

What is a Prenup?

A prenuptial agreement is a contract signed by two people before marriage. A prenup instructs a court on how to divide the assets and debts of the marriage upon the dissolution thereof.

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By Attorney Max Stephenson

graduationIn the category of “you can’t make this stuff up,” is a family law case out of Camden County, New Jersey.  In the case, Temple College Junior, Caitlyn Ricci, sued her divorced parents after they refused to pay her college tuition. While the terms of their divorce settlement settled the issue of child support, there was no stipulation as to how her college education would be paid.

According to the CBS affiliate in Philadelphia, during her childhood, Ricci’s parents did their best to support each other in parenting their daughter. Upon graduating from high school in 2012 it was determined that Caitlyn would attend Gloucester County College and live at home with her mother.  In an effort to prove she was ready to take the next step and live away from home, she accepted an internship at Walt Disney World.  The internship, however, was terminated when she was sent home for underage drinking. After a dispute with her parents about living away from home and attending school out of state, she moved in with her paternal grandparents.

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weddingQuestion: I am going to be getting married this fall. I currently own my own home as well as a rental property. Will I still be considered the "sole" owner of these properties once I get married?

This is a question that we hear a lot, unfortunately, sometimes it is after you've said "I Do." Before we go into too much detail, it is imperative to point out that upon marriage; all property is considered marital property regardless of how the asset is titled. If you wish to maintain any property as individually owned after you are married, you must enter into a comprehensive marital property agreement that delineates ownership of your assets under a variety of circumstances.

The Marital Property Actrecognizes that it takes both spouses to support a marriage, regardless of whether or not they are both earning a salary (or equal salaries). In general, the law states that whatever assets are brought to the marriage by both spouses and acquired during a marriage belongs, equally, to both spouses. This includes the debts of both spouses.

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