In Re Marriage of Webb v. Webb
Marital agreement was intended to apply at divorce, even though it does not expressly so state. Levy distinguished.
Marital agreement was intended to apply at divorce, even though it does not expressly so state. Levy distinguished.
Multiple issues. See full summary.
Co-parenting agreement void as against public policy.
Multiple issues. See full summary.
Button only applies to agreements made before or during marriage which contemplate a continuation of the marriage relation. Agreement signed after divorce was filed was a divorce stipulation and is controlled by Ray v. Ray, 57 Wis. 2d 77 (1973).
Postnuptial agreements are treated differently from agreements executed for the purpose of facilitating divorce. In this case, the agreement was made in contemplation of a divorce, it is a stipulation under §767.10(1), Stats. and not a postnuptial agreement.
An agreement entered into after the commencement of divorce proceedings is a stipulation under Wis. Stat. §767.10(1) and is subject to the approval of the court.
Homestead protection can be waived in a prenuptial agreement.
Van Boxtel rule applies to post-judgment stipulations.
Trial court property determined that it would inequitable to enforce prenuptial agreement due to significantly change circumstances after the execution of the agreement. The parties combined their resources, including inheritances, savings and income. The marital agreement was ignored. They combined efforts and labors to the appreciation of property in a way that cannot be separately identified.