Fairness in the awarding of contracts depends on two factors: whether each spouse makes a fair and appropriate declaration of his financial status to the other spouse and whether each spouse enters the agreement voluntarily and freely. In the case of Button v. Button, 131. Wis.2d 84, 388 N.W.2d 546 (1986), the standard has been set to determine whether agreements are fair. Marriage or post contracts are unfair if the agreement does not meet any of the three conditions: each spouse has disclosed his financial status to the other appropriately and adequately; Each spouse entered into the agreement on a voluntary and free basis; and the material provisions of the agreement, which separate the estate after divorce, are fair to any spouse. Wisconsin recognizes marital real estate contracts as an alternative to the legal service of communal property in the event of divorce, as long as the agreement is fair to all parties. Prenup and Postnup are both examples of marital property contracts that must be signed by both parties to be enforceable. Couples can use marital agreements to work together to develop concrete financial plans and decide how to invest, save or spend their money. The general provisions of a marriage contract in Wisconsin include the following provisions: A prenup is an agreement to enforce the Marital Property Act to certain or all the assets and debts of the essentially “opt out” parties. The parties may agree to classify certain properties separately from the rest of the matrimonial estate. The parties may agree that in the event of divorce, the individual property is exclusively allocated to that person and that only the marital property is divided equally between the spouses.
The number of couples considering pre-marriage or marriage is increasing. This does not apply only to wealthy people or older couples with children from previous marriages. Prenupions are becoming increasingly popular among younger and pragmatic couples, especially millennials. Although marital agreements were initially avoided in the courts because they mistakenly believed they favoured the option of divorce, the Uniform Premarital Agreement Act (UPAA)  was created in 1983. Another way to make it clear that both parties were fully informed prior to entering the Prenup is that both parties have their own counsel.