In Re Marriage of Cook v. Cook
Unless otherwise excluded by law, military retired pay must be considered by the circuit court in dividing the property in a divorce proceeding.
Unless otherwise excluded by law, military retired pay must be considered by the circuit court in dividing the property in a divorce proceeding.
Trial court properly declared marriage null and void as violating the 6-month waiting period, even where divorce was in Scotland and marriage was in Texas and was valid under Texas law. Wisconsin prohibits remarriage of its residence within 6 months of divorce, wherever the marriage takes place.
A marriage can be found void even after the death of a party.
Court may declare a marriage void after the death of one of the parties.
Articles and topical caselaw issues regarding marital agreements.
Prenuptial agreement was unconscionable because it would leave the husband wealthy and the wife virtually penniless.
Inequitable agreements should not be enforced.
Pre-1978 agreement is presumed equitable – statute is retroactive. (2) Financial statements need not be attached. (3) Wife’s contributions as a homemaker do not affect the equitability of the agreement.
Marital agreement which excluded property acquired before or after marriage also excluded appreciation of the property, unless the agreement is inequitable.
Where agreement states that it was intended to take effect at death, it does not apply to divorce.