SB566: Bill Text

SB566,44,8 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature to recognize the valuable contributions of both spouses during the marriage and at termination of the marriage by dissolution or death. Marriage is the institution that is the foundation of the family and of society. Its stability is basic to morality and civilization, and of vital interest to society and the state. The consequences of the marriage contract are more significant to society than those of other contracts, and the public interest must be taken into account always. The seriousness of marriage makes adequate premarital counseling and education for family living highly desirable and courses thereon are urged upon all persons contemplating marriage. The impairment or dissolution of the marriage relation generally results in injury to the public wholly apart from the effect upon the parties immediately concerned. Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.

SB566,127 Section 127 . 765.01 of the statutes is amended to read:

SB566,44,13 765.01 A civil contract. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife spouse to each other.

SB566,128 Section 128. 765.02 (3) of the statutes is created to read:

SB566,44,16 765.02 (3) Marriage may be contracted between persons of the same sex or different sexes.

SB566,129 Section 129 . 765.03 (1) of the statutes is amended to read:

SB566,45,3 765.03 (1) No marriage shall be contracted while either of the parties has a husband or wife spouse living, nor between persons who are nearer of kin than 2nd cousins except that marriage may be contracted between first cousins where the female has attained the age of 55 years or where if either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile or that the 2 parties are otherwise permanently biologically incapable of producing a child together. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.

SB566,130 Section 130. 765.16 (1m) (intro.) of the statutes is amended to read:

SB566,45,10 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this state only after a marriage license has been issued therefor, and only by the mutual declarations of the 2 parties to be joined in marriage that they take each takes the other as husband and wife his or her spouse, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses other than the officiating person. The following are authorized to be officiating persons:

SB566,131 Section 131. 765.16 (1m) (c) of the statutes is amended to read:

SB566,45,15 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they take each takes the other as husband and wife his or her spouse, in accordance with the customs, rules, and regulations of any religious society, denomination, or sect to which either of the parties may belong.

SB566,132 Section 132. 765.23 of the statutes is amended to read:

SB566,46,6 765.23 Immaterial irregularities otherwise. No marriage hereafter contracted shall be void either by reason of the marriage license having been issued by a county clerk not having jurisdiction to issue the same; or by reason of any informality or irregularity of form in the application for the marriage license or in the marriage license itself, or the incompetency of the witnesses to such marriage; or because the marriage may have been solemnized in a county other than the county prescribed in s. 765.12, or more than 30 days after the date of the marriage license, if the marriage is in other respects lawful and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife a married couple, and having continued the same uninterruptedly thereafter for the period of one year, or until the death of either of them, it shall be deemed that a marriage license has been issued as required by ss. 765.05 to 765.24 and 767.803.

SB566,133 Section 133 . 765.24 of the statutes is amended to read:

SB566,46,21 765.24 Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife spouse with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife a married couple, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife spouse was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they the parties shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife a married couple in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of any children born during such subsequent marriage shall be considered as the marital issue children of both parents parties.

SB566,134 Section 134 . 765.30 (3) (a) of the statutes is amended to read:

SB566,47,6 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating person who solemnizes a marriage unless the contracting parties have first obtained a proper marriage license as heretofore provided; or unless the parties to such marriage declare that they take each takes the other as husband and wife his or her spouse; or without the presence of 2 competent adult witnesses; or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 30 days after the date of the marriage license; or falsely certifies to the date of a marriage solemnized by the officiating person; or solemnizes a marriage in a county other than the county prescribed in s. 765.12.

SB566,135 Section 135 . 766.587 (7) (form) 9. of the statutes is amended to read:

SB566,47,12 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986, OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER.

SB566,47,14 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

SB566,47,15 (Pursuant to Section 766.587, Wisconsin Statutes)

SB566,47,17 This agreement is made and entered into by .... and ...., (husband and wife who are married) (who intend to marry) (strike one).

SB566,47,21 The parties to this agreement agree to classify all their property, including property owned by them now and property acquired before January 1, 1987, as the individual property of the owning spouse, and agree that ownership of their property shall be determined as if it were December 31, 1985.

SB566,47,22 This agreement terminates on January 1, 1987.

SB566,47,23 Signature .... Date ....

SB566,47,24 Print Name Here: ....

SB566,47,25 Address: ....

SB566,48,1 Signature .... Date ....

SB566,48,2 Print Name Here: ....

SB566,48,3 Address: ....

SB566,48,5 [Note: Each spouse should retain a copy of the agreement for himself or herself.]

SB566,136 Section 136 . 766.588 (9) (form) 13. of the statutes is amended to read:

SB566,48,10 766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED EFFECTIVENESS OF THIS AGREEMENT.

SB566,48,11 Statutory terminable marital

SB566,48,12 Property classification agreement

SB566,48,13 (Pursuant to Section 766.588, Wisconsin Statutes)

SB566,48,17 This agreement is entered into by .... and .... (husband and wife who are married) (who intend to marry) (strike one). The parties hereby classify all of the property owned by them when this agreement becomes effective, and property acquired during the term of this agreement, as marital property.

SB566,48,21 One spouse may terminate this agreement at any time by giving signed notice of termination to the other spouse. Notice of termination by a spouse is given upon personal delivery or when sent by certified mail to the other spouse's last-known address. The agreement terminates 30 days after such notice is given.

SB566,49,2 The parties (have) (have not) (strike one) completed Schedule “A", “ Financial Disclosure", attached to this agreement. If Schedule “A" has not been completed, the duration of this agreement is 3 years after both parties have signed the agreement. If Schedule “A" has been completed, the duration of this agreement is not limited to 3 years after it is signed.

SB566,49,11 IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3 YEARS, MAKE SURE SCHEDULE “A", “FINANCIAL DISCLOSURE", IS COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY ENTERED INTO A STATUTORY TERMINABLE MARITAL PROPERTY CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR SPOUSE DID NOT COMPLETE SCHEDULE “A", YOU MAY NOT EXECUTE THIS AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE “A".

SB566,49,12 Signature of One Spouse: ....

SB566,49,13 Date: ....

SB566,49,14 Print Name Here: ....

SB566,49,15 Residence Address: ....

SB566,49,16 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB566,49,17 Authentication

SB566,49,18 Signature .... authenticated this .... day of ...., .... (year)

SB566,49,19 *....

SB566,49,20 TITLE: MEMBER STATE BAR OF WISCONSIN

SB566,49,21 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB566,49,22 Acknowledgment

SB566,49,23 STATE OF WISCONSIN   )

SB566,49,24 )   ss.

SB566,49,25 .... County   )

SB566,50,3 Personally came before me this .... day of ...., .... (year) the above named .... to me known to be the person who executed the foregoing instrument and acknowledge the same.

SB566,50,4 *....

SB566,50,5 Notary Public ...., .... County, Wisconsin.

SB566,50,6 My Commission is permanent.

SB566,50,7 (If not, state expiration date: ...., .... (year))

SB566,50,8 (Signatures may be authenticated or

SB566,50,9 acknowledged. Both are not necessary.)

SB566,50,10 *Names of persons signing in any capacity should be

SB566,50,11 typed or printed below their signatures.

SB566,50,12 Signature of Other Spouse: ....

SB566,50,13 Date: ....

SB566,50,14 Print Name Here: ....

SB566,50,15 Residence Address: ....

SB566,50,16 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB566,50,17 Authentication

SB566,50,18 Signature .... authenticated this .... day of ...., .... (year)

SB566,50,19 *....

SB566,50,20 TITLE: MEMBER STATE BAR OF WISCONSIN

SB566,50,21 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB566,50,22 Acknowledgment

SB566,50,23 STATE OF WISCONSIN   )

SB566,50,24 )   ss.

SB566,50,25 .... County   )

SB566,51,3 Personally came before me this .... day of ...., .... (year) the above named .... to me known to be the person who executed the foregoing instrument and acknowledge the same.

SB566,51,4 *....

SB566,51,5 Notary Public ...., .... County, Wisconsin.

SB566,51,6 My Commission is permanent.

SB566,51,7 (If not, state expiration date: ...., .... (year))

SB566,51,8 (Signatures may be authenticated or

SB566,51,9 acknowledged. Both are not necessary.)

SB566,51,10 *Names of persons signing in any capacity should be

SB566,51,11 typed or printed below their signatures.

SB566,51,12 Termination of statutory terminable

SB566,51,13 marital property classification agreement

SB566,51,14 I UNDERSTAND THAT: