SB566: Bill Text

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:

SB566,51,17 1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.588 (4) OF THE WISCONSIN STATUTES.

SB566,51,22 2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL PROPERTY LAW.

SB566,51,25 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

SB566,52,3 The undersigned terminates the statutory terminable marital property classification agreement entered into by me and my spouse on .... (date last spouse signed the agreement) under section 766.588 of the Wisconsin Statutes.

SB566,52,4 Signature: ....

SB566,52,5 Date: ....

SB566,52,6 Print Name Here: ....

SB566,52,7 Residence Address: ....

SB566,52,8 Schedule “A"

SB566,52,9 Financial Disclosure

SB566,52,13 The following general categories of assets and liabilities are not all inclusive and if other assets or liabilities exist they should be listed. Assets should be listed according to which spouse has title (including assets owned by a spouse or the spouses with one or more third parties) and at their approximate market value.

SB566,52,14 Husband   Wife   Spouse (Name)   Spouse (Name)   Both Names

SB566,52,15 I.   Assets

SB566,52,16 A.   Real estate (gross value)