SB464: Bill Text

SB464,210 Section 210 . 700.19 (2) of the statutes is amended to read:

SB464,80,14 700.19 (2) Husband and wife Spouses. If persons named as owners in a document of title, transferees in an instrument of transfer, or buyers in a bill of sale are described in the document, instrument, or bill of sale as husband and wife married to each other, or are in fact husband and wife married to each other, they are joint tenants, unless the intent to create a tenancy in common is expressed in the document, instrument, or bill of sale. This subsection applies to property acquired before January 1, 1986, and, if ch. 766 does not apply when the property is acquired, to property acquired on or after January 1, 1986.

SB464,211 Section 211 . 705.01 (4) of the statutes is amended to read:

SB464,80,21 705.01 (4) “Joint account" means an account, other than a marital account, payable on request to one or more of 2 or more parties whether or not mention is made of any right of survivorship. “Joint account" also means any account established with the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties.

SB464,212 Section 212 . 705.01 (4m) of the statutes is amended to read:

SB464,81,3 705.01 (4m) “Marital account" means an account established without the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties and which is designated as a marital account. An account established by those parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint account.

SB464,213 Section 213 . 706.09 (1) (e) of the statutes is amended to read:

SB464,81,11 706.09 (1) (e) Marital interests. Homestead of the spouse of any transferor of an interest in real estate, if the recorded conveyance purporting to transfer the homestead states that the person executing it is single, unmarried , or widowed a surviving spouse or fails to indicate the marital status of the transferor, and if the conveyance has, in either case, appeared of record for 5 years. This paragraph does not apply to the interest of a married person who is described of record as a holder in joint tenancy or of marital property with that transferor.

SB464,214 Section 214 . 757.69 (1) (g) 2. of the statutes is amended to read:

SB464,81,14 757.69 (1) (g) 2. Order the release or detention of children or expectant mothers of persons pregnant with unborn children taken into custody.

SB464,215 Section 215. 757.69 (1) (g) 9. of the statutes is amended to read:

SB464,81,18 757.69 (1) (g) 9. Conduct hearings under s. 48.213 or 48.217 and thereafter order an adult expectant mother parent of an unborn child to be held in or released from custody.

SB464,216 Section 216 . 757.69 (1m) (d) of the statutes is amended to read:

SB464,81,24 757.69 (1m) (d) Make changes in placements of children, of juveniles, or of the expectant mothers of persons pregnant with unborn children, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under s. 938.125, in uncontested proceedings under s. 48.13, 48.133, 938.12, or 938.13, or as permitted under sub. (1) (g) 6., 8., 9., and 15.

SB464,217 Section 217 . 765.001 (2) of the statutes is amended to read:

SB464,82,18 765.001 (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.

SB464,218 Section 218 . 765.01 of the statutes is amended to read:

SB464,82,23 765.01 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.

SB464,219 Section 219 . 765.02 (3) of the statutes is created to read:

SB464,83,2 765.02 (3) Marriage may be contracted between persons of the same sex or different sexes.

SB464,220 Section 220 . 765.03 (1) of the statutes is amended to read:

SB464,83,14 765.03 (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.

SB464,221 Section 221 . 765.12 (1) (a) of the statutes is amended to read:

SB464,83,21 765.12 (1) (a) If ss. 765.02, 765.05, 765.08, and 765.09 are complied with, and if there is no prohibition against or legal objection to the marriage, the county clerk shall issue a marriage license. With each marriage license the county clerk shall provide information describing the causes and effects of fetal alcohol syndrome and the dangers to a fetus from the mother's use of cocaine or other drugs by the pregnant person during pregnancy.

SB464,222 Section 222 . 765.16 (1m) (intro.) of the statutes is amended to read:

SB464,84,3 765.16 (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:

SB464,223 Section 223 . 765.16 (1m) (c) of the statutes is amended to read:

SB464,84,8 765.16 (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.

SB464,224 Section 224 . 765.23 of the statutes is amended to read:

SB464,84,24 765.23 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.

SB464,225 Section 225 . 765.24 of the statutes is amended to read:

SB464,85,14 765.24 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.

SB464,226 Section 226 . 765.30 (3) (a) of the statutes is amended to read:

SB464,85,24 765.30 (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.

SB464,227 Section 227 . 766.587 (7) (form) 9. of the statutes is amended to read:

SB464,86,5 766.587 (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.

SB464,86,7 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

SB464,86,8 (Pursuant to Section 766.587, Wisconsin Statutes)

SB464,86,10 This agreement is made and entered into by .... and ...., (husband and wife who are married) (who intend to marry) (strike one).

SB464,86,14 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.

SB464,86,15 This agreement terminates on January 1, 1987.

SB464,86,16 Signature .... Date ....

SB464,86,17 Print Name Here: ....

SB464,86,18 Address: ....

SB464,86,19 Signature .... Date ....

SB464,86,20 Print Name Here: ....

SB464,86,21 Address: ....

SB464,86,23 [Note: Each spouse should retain a copy of the agreement for himself or herself.]

SB464,228 Section 228 . 766.588 (9) (form) 13. of the statutes is amended to read:

SB464,87,4 766.588 (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.

SB464,87,5 Statutory terminable marital

SB464,87,6 Property classification agreement

SB464,87,7 (Pursuant to Section 766.588, Wisconsin Statutes)

SB464,87,11 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.

SB464,87,15 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.

SB464,87,20 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.

SB464,88,4 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".

SB464,88,5 Signature of One Spouse: ....

SB464,88,6 Date: ....

SB464,88,7 Print Name Here: ....

SB464,88,8 Residence Address: ....

SB464,88,9 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB464,88,10 Authentication

SB464,88,11 Signature .... authenticated this .... day of ...., .... (year)

SB464,88,12 *....

SB464,88,13 TITLE: MEMBER STATE BAR OF WISCONSIN

SB464,88,14 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB464,88,15 Acknowledgment

SB464,88,16 STATE OF WISCONSIN   )

SB464,88,17 )   ss.

SB464,88,18 .... County   )

SB464,88,21 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.

SB464,88,22 *....

SB464,88,23 Notary Public ...., .... County, Wisconsin.

SB464,88,24 My Commission is permanent.

SB464,88,25 (If not, state expiration date: ...., .... (year))

SB464,89,1 (Signatures may be authenticated or

SB464,89,2 acknowledged. Both are not necessary.)

SB464,89,3 *Names of persons signing in any capacity should be

SB464,89,4 typed or printed below their signatures.

SB464,89,5 Signature of Other Spouse: ....

SB464,89,6 Date: ....

SB464,89,7 Print Name Here: ....

SB464,89,8 Residence Address: ....

SB464,89,9 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB464,89,10 Authentication

SB464,89,11 Signature .... authenticated this .... day of ...., .... (year)

SB464,89,12 *....

SB464,89,13 TITLE: MEMBER STATE BAR OF WISCONSIN