This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB70-AA10,565 8Section 565. 765.02 (3) of the statutes is created to read:
SB70-AA10,265,109 765.02 (3) Marriage may be contracted between persons of the same sex or
10different sexes.
SB70-AA10,566 11Section 566. 765.03 (1) of the statutes is amended to read:
SB70-AA10,265,2212 765.03 (1) No marriage shall be contracted while either of the parties has a
13husband or wife spouse living, nor between persons who are nearer of kin than 2nd
14cousins except that marriage may be contracted between first cousins where the
15female has attained the age of 55 years or where
if either party, at the time of
16application for a marriage license, submits an affidavit signed by a physician stating
17that either party is permanently sterile or that the 2 parties are otherwise
18permanently biologically incapable of producing a child together
. Relationship
19under this section shall be computed by the rule of the civil law, whether the parties
20to the marriage are of the half or of the whole blood. A marriage may not be
21contracted if either party has such want of understanding as renders him or her
22incapable of assenting to marriage.
SB70-AA10,567 23Section 567. 765.16 (1m) (intro.) of the statutes is amended to read:
SB70-AA10,266,824 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this
25state only after a marriage license has been issued therefor, and only by the mutual

1declarations of the 2 parties to be joined in marriage that they take each takes the
2other as husband and wife his or her spouse, made before an authorized officiating
3person and in the presence of at least 2 competent adult witnesses other than the
4officiating person. If one of the parties is serving on active duty in the U.S. armed
5forces or in forces incorporated in the U.S. armed forces, in a reserve unit of the U.S.
6armed forces, or in the national guard, the presence of only one competent adult
7witness other than the officiating person is required. The following are authorized
8to be officiating persons:
SB70-AA10,568 9Section 568. 765.16 (1m) (c) of the statutes is amended to read:
SB70-AA10,266,1310 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they
11take
each takes the other as husband and wife his or her spouse, in accordance with
12the customs, rules, and regulations of any religious society, denomination, or sect to
13which either of the parties may belong.
SB70-AA10,569 14Section 569. 765.23 of the statutes is amended to read:
SB70-AA10,267,3 15765.23 Immaterial irregularities otherwise. No marriage hereafter
16contracted shall be void either by reason of the marriage license having been issued
17by a county clerk not having jurisdiction to issue the same; or by reason of any
18informality or irregularity of form in the application for the marriage license or in
19the marriage license itself, or the incompetency of the witnesses to such marriage;
20or because the marriage may have been solemnized more than 60 days after the date
21of the marriage license, if the marriage is in other respects lawful and is
22consummated with the full belief on the part of the persons so married, or either of
23them, that they have been lawfully joined in marriage. Where a marriage has been
24celebrated in one of the forms provided for in s. 765.16 (1m), and the parties thereto
25have immediately thereafter assumed the habit and repute of husband and wife a

1married couple
, and having continued the same uninterruptedly thereafter for the
2period of one year, or until the death of either of them, it shall be deemed that a
3marriage license has been issued as required by ss. 765.05 to 765.24 and 767.803.
SB70-AA10,570 4Section 570. 765.24 of the statutes is amended to read:
SB70-AA10,267,18 5765.24 Removal of impediments to subsequent marriage. If a person
6during the lifetime of a husband or wife spouse with whom the marriage is in force,
7enters into a subsequent marriage contract in accordance with s. 765.16, and the
8parties thereto live together thereafter as husband and wife a married couple, and
9such subsequent marriage contract was entered into by one of the parties in good
10faith, in the full belief that the former husband or wife spouse was dead, or that the
11former marriage had been annulled, or dissolved by a divorce, or without knowledge
12of such former marriage, they the parties shall, after the impediment to their
13marriage has been removed by the death or divorce of the other party to such former
14marriage, if they continue to live together as husband and wife a married couple in
15good faith on the part of one of them, be held to have been legally married from and
16after the removal of such impediment and the issue of any children born during such
17subsequent marriage shall be considered as the marital issue children of both
18parents parties.
SB70-AA10,571 19Section 571. 765.30 (3) (a) of the statutes is amended to read:
SB70-AA10,268,220 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating
21person who solemnizes a marriage unless the contracting parties have first obtained
22a proper marriage license as heretofore provided; or unless the parties to such
23marriage declare that they take each takes the other as husband and wife his or her
24spouse
; or without the presence of competent adult witnesses as required under s.
25765.16 (1m); or solemnizes a marriage knowing of any legal impediment thereto; or

1solemnizes a marriage more than 60 days after the date of the marriage license; or
2falsely certifies to the date of a marriage solemnized by the officiating person.
SB70-AA10,572 3Section 572. 766.587 (7) (form) 9. of the statutes is amended to read:
SB70-AA10,268,84 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF
5SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986,
6OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON
7OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE
8DATE THE PARTIES MARRY, WHICHEVER IS LATER.
SB70-AA10,268,109 STATUTORY INDIVIDUAL
10 PROPERTY CLASSIFICATION AGREEMENT
SB70-AA10,268,1111 (Pursuant to Section 766.587, Wisconsin Statutes)
SB70-AA10,268,1312 This agreement is made and entered into by .... and ...., (husband and wife who
13are married
) (who intend to marry) (strike one).
SB70-AA10,268,1714 The parties to this agreement agree to classify all their property, including
15property owned by them now and property acquired before January 1, 1987, as the
16individual property of the owning spouse, and agree that ownership of their property
17shall be determined as if it were December 31, 1985.
SB70-AA10,268,1818 This agreement terminates on January 1, 1987.
SB70-AA10,268,1919 Signature .... Date ....
SB70-AA10,268,2020 Print Name Here: ....
SB70-AA10,268,2121 Address: ....
SB70-AA10,268,2222 Signature .... Date ....
SB70-AA10,268,2323 Print Name Here: ....
SB70-AA10,268,2424 Address: ....
SB70-AA10,269,2
1[Note: Each spouse should retain a copy of the agreement for himself or
2herself.]
SB70-AA10,573 3Section 573. 766.588 (9) (form) 13. of the statutes is amended to read:
SB70-AA10,269,74 766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE
5OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE
6URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED
7EFFECTIVENESS OF THIS AGREEMENT.
SB70-AA10,269,8 8Statutory terminable marital
SB70-AA10,269,9 9Property classification agreement
SB70-AA10,269,1010 (Pursuant to Section 766.588, Wisconsin Statutes)
SB70-AA10,269,1411 This agreement is entered into by .... and .... (husband and wife who are
12married
) (who intend to marry) (strike one). The parties hereby classify all of the
13property owned by them when this agreement becomes effective, and property
14acquired during the term of this agreement, as marital property.
SB70-AA10,269,1815 One spouse may terminate this agreement at any time by giving signed notice
16of termination to the other spouse. Notice of termination by a spouse is given upon
17personal delivery or when sent by certified mail to the other spouse's last-known
18address. The agreement terminates 30 days after such notice is given.
SB70-AA10,269,2319 The parties (have) (have not) (strike one) completed Schedule “A", “ Financial
20Disclosure", attached to this agreement. If Schedule “A" has not been completed, the
21duration of this agreement is 3 years after both parties have signed the agreement.
22If Schedule “A" has been completed, the duration of this agreement is not limited to
233 years after it is signed.
SB70-AA10,270,724 IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3
25YEARS, MAKE SURE SCHEDULE “A", “FINANCIAL DISCLOSURE", IS

1COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE
2SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY
3ENTERED INTO A STATUTORY TERMINABLE MARITAL PROPERTY
4CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS
5EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR
6SPOUSE DID NOT COMPLETE SCHEDULE “A", YOU MAY NOT EXECUTE THIS
7AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE “A".
SB70-AA10,270,88 Signature of One Spouse: ....
SB70-AA10,270,99 Date: ....
SB70-AA10,270,1010 Print Name Here: ....
SB70-AA10,270,1111 Residence Address: ....
SB70-AA10,270,1212 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
SB70-AA10,270,13 13Authentication
SB70-AA10,270,1414 Signature .... authenticated this .... day of ...., .... (year)
SB70-AA10,270,1616 TITLE: MEMBER STATE BAR OF WISCONSIN
SB70-AA10,270,1717 (If not, .... authorized by s. 706.06, Wis. Stats.)
SB70-AA10,270,18 18Acknowledgment
SB70-AA10,270,1919 STATE OF WISCONSIN   )
SB70-AA10,270,2020 )   ss.
SB70-AA10,270,2121 .... County   )
SB70-AA10,270,2422 Personally came before me this .... day of ...., .... (year) the above named .... to
23me known to be the person who executed the foregoing instrument and acknowledge
24the same.
SB70-AA10,271,1
1Notary Public ...., .... County, Wisconsin.
SB70-AA10,271,22 My Commission is permanent.
SB70-AA10,271,33 (If not, state expiration date: ...., .... (year))
SB70-AA10,271,44 (Signatures may be authenticated or
SB70-AA10,271,55 acknowledged. Both are not necessary.)
SB70-AA10,271,66 *Names of persons signing in any capacity should be
SB70-AA10,271,77 typed or printed below their signatures.
SB70-AA10,271,88 Signature of Other Spouse: ....
SB70-AA10,271,99 Date: ....
SB70-AA10,271,1010 Print Name Here: ....
SB70-AA10,271,1111 Residence Address: ....
SB70-AA10,271,1212 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
SB70-AA10,271,13 13Authentication
SB70-AA10,271,1414 Signature .... authenticated this .... day of ...., .... (year)
SB70-AA10,271,1616 TITLE: MEMBER STATE BAR OF WISCONSIN
SB70-AA10,271,1717 (If not, .... authorized by s. 706.06, Wis. Stats.)
SB70-AA10,271,18 18Acknowledgment
SB70-AA10,271,1919 STATE OF WISCONSIN   )
SB70-AA10,271,2020 )   ss.
SB70-AA10,271,2121 .... County   )
SB70-AA10,271,2422 Personally came before me this .... day of ...., .... (year) the above named .... to
23me known to be the person who executed the foregoing instrument and acknowledge
24the same.
SB70-AA10,272,1
1Notary Public ...., .... County, Wisconsin.
SB70-AA10,272,22 My Commission is permanent.
SB70-AA10,272,33 (If not, state expiration date: ...., .... (year))
SB70-AA10,272,44 (Signatures may be authenticated or
SB70-AA10,272,55 acknowledged. Both are not necessary.)
SB70-AA10,272,66 *Names of persons signing in any capacity should be
SB70-AA10,272,77 typed or printed below their signatures.
SB70-AA10,272,8 8Termination of statutory terminable
SB70-AA10,272,9 9marital property classification agreement
SB70-AA10,272,1010 I UNDERSTAND THAT:
SB70-AA10,272,1311 1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS
12NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.588
13(4) OF THE WISCONSIN STATUTES.
SB70-AA10,272,1814 2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE
15CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION
16BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION
17BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL
18PROPERTY LAW.
SB70-AA10,272,2119 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS
20UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE
21CREDIT IS EXTENDED.
Loading...
Loading...