Ironclad Prenups Aren’t Just for Travis Kelce and Taylor Swift

 Posted on October 22, 2025 in Family Law

Reports that Travis Kelce and Taylor Swift were considering a prenuptial agreement before getting married spread as fast as Swift’s chart-topping hits. While most people will never live in that kind of spotlight, the reason for a prenup remains the same: Wealth changes the stakes of marriage. 

For high-net-worth individuals in Milwaukee and throughout Wisconsin, a prenuptial agreement (or "prenup") is not a sign that two engaged people do not love and trust each other. Rather, it is a practical and forward-thinking step to protect both parties and avoid long, expensive fights in the future.

As of October 2025, Wisconsin remains one of the few states that follows a community property system. Under Wis. Stat. § 766.31, nearly all property acquired during a marriage is presumed to belong equally to both spouses. That means even if one partner earns millions and the other earns none, both are typically entitled to half of the marital estate if they divorce — unless they agreed otherwise in writing before marriage.

If you and your partner are considering marriage and want to know more about how a prenuptial agreement would benefit you, contact our Wisconsin family lawyers for high-net-worth earners. We have specific experience helping couples protect hard-earned assets, setting their marriages up for success. 

Why Should Wealthy Couples in Wisconsin Sign a Prenuptial Agreement?

In Wisconsin, a prenuptial agreement allows couples to define their own financial rules instead of defaulting to community property law. High-net-worth individuals like entrepreneurs, executives, investors, or heirs often use prenups to prevent fighting over assets that were never meant to be shared equally. Although we will likely never know the details about Kelce and Swift’s prenup, there is little doubt that both of them are, at the very least, specifically protecting their ownership of assets they own before getting married – whatever they may do with them later. 

This is likely because without a prenup, property acquired during marriage, as well as increases in the value of pre-marital assets, can be divided equally in divorce. A carefully drafted prenuptial agreement can exclude business interests, family inheritances, intellectual property, or business goodwill (think: Swift and Kelce’s personal brands) that predate the marriage. It can also reduce future litigation by setting clear terms for how property and debts will be handled.

But perhaps most importantly, a prenup protects privacy. In high-profile divorces, financial disclosures can become public record. A clear, enforceable agreement can limit those exposures and protect a couple’s personal financial details.

What Makes a Prenup "Ironclad" Under Wisconsin Law?

Wisconsin courts have broad authority to review prenups for legitimacy during a divorce. A prenup is not automatically binding simply because it was signed. To be considered valid and enforceable, it must meet specific requirements. 

The most important requirement is that the agreement must be in writing and signed voluntarily by both parties. Of course, it must be entered into before the marriage (although you can sign a postnuptial agreement later).

Another important feature of an enforceable prenup is that each party must fully disclose their assets, income, and debts. And finally, the terms cannot be "unconscionable," meaning so unfair that enforcing them would offend public policy or fundamental fairness.

So, for example, if one spouse did not have enough time to review the agreement, was pressured to sign it, or did not have their own independent legal advice, the court could refuse to enforce all or part of a prenup. That is why an "ironclad" prenup is as much about process as it is about substance. Every step, from disclosure to signing, must be done with transparency and fairness.

Why Should Each Spouse Have Their Own Attorney for a Prenup?

Whether both parties are equals in their asset holdings and earnings, or one partner has much greater financial resources, having your own attorney is essential. It helps prove that both parties entered the agreement voluntarily and with full understanding.

A single attorney cannot represent both parties in writing or negotiating a prenup. One lawyer can prepare the initial draft, but the other party must have their own attorney review it, explain its consequences, and suggest changes. This avoids future claims that the less wealthy spouse did not know what they were signing or was taken advantage of. For high-net-worth individuals, this professional formality is an especially important protective measure.

How Can Couples Negotiate a Fair Prenup When One Partner Has More Money?

Negotiation can be delicate when one party brings far more assets to the relationship. The goal of a prenup should not be to strip the less wealthy spouse of financial rights, but to create a balanced framework that reflects reality and fairness (and hopefully goodwill).

The wealthier party should approach the conversation early — ideally several months before the wedding — to avoid the appearance of coercion. It can help to frame the prenup as a tool for defining expectations, not a threat to the relationship.

Negotiations often include compromises such as providing the lesser-earning spouse with certain property rights, setting a formula for spousal support, or agreeing to divide specific assets even if others are excluded.

Some couples also include "sunset clauses," which terminate or modify the prenup after a set number of years. This is meant to show mutual commitment over time. However, these clauses must be carefully worded to avoid creating ambiguity that could weaken enforceability.

What Cannot Be Included in a Wisconsin Prenuptial Agreement?

Wisconsin law limits what a prenup can control. A prenup cannot manage issues related to children or violate public policy. Courts will not enforce provisions that:

• Waive a child’s right to child support

• Say anything about custody or placement arrangements

• Contain fraudulent or incomplete financial disclosures

A prenup that attempts to regulate personal behavior, such as lifestyle requirements, intimacy clauses, or penalties for infidelity, is also unlikely to survive legal scrutiny. These provisions may feel satisfying in theory, but they undermine the agreement’s seriousness and could give a judge reason to strike down more legitimate sections.

Contact a Milwaukee, WI Prenuptial Agreement Lawyer for High-Net-Worth Families

If you are preparing for marriage and want to protect your assets, consult a Wisconsin family law attorney at Gimbel, Reilly, Guerin & Brown, LLP. Our firm works with individuals and couples across Wisconsin to create detailed, enforceable prenuptial agreements that align with both financial and personal goals. Call 414-271-1440 to schedule a confidential appointment.