AB43: Bill Text

AB43,3157 Section 3157. 765.16 (1m) (c) of the statutes is amended to read:

AB43,,9118 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.

AB43,3158 Section 3158. 765.23 of the statutes is amended to read:

AB43,,9120 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 more than 60 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.

AB43,3159 Section 3159. 765.24 of the statutes is amended to read:

AB43,,9122 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.

AB43,3160 Section 3160. 765.30 (3) (a) of the statutes is amended to read:

AB43,,9124 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 competent adult witnesses as required under s. 765.16 (1m); or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 60 days after the date of the marriage license; or falsely certifies to the date of a marriage solemnized by the officiating person.

AB43,3161 Section 3161. 766.587 (7) (form) 9. of the statutes is amended to read:

AB43,,9126 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.

AB43,,9128 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

AB43,,9129 (Pursuant to Section 766.587, Wisconsin Statutes)

AB43,,9130 This agreement is made and entered into by .... and ...., (husband and wife who are married) (who intend to marry) (strike one).

AB43,,9131 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.

AB43,,9132 This agreement terminates on January 1, 1987.

AB43,,9133 Signature .... Date ....

AB43,,9134 Print Name Here: ....

AB43,,9135 Address: ....

AB43,,9136 Signature .... Date ....

AB43,,9137 Print Name Here: ....

AB43,,9138 Address: ....

AB43,,9139 [Note: Each spouse should retain a copy of the agreement for himself or herself.]

AB43,3162 Section 3162. 766.588 (9) (form) 13. of the statutes is amended to read:

AB43,,9141 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.

AB43,,9142 Statutory terminable marital

AB43,,9143 Property classification agreement

AB43,,9144 (Pursuant to Section 766.588, Wisconsin Statutes)

AB43,,9145 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.

AB43,,9146 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.

AB43,,9147 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.

AB43,,9148 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”.

AB43,,9149 Signature of One Spouse: ....

AB43,,9150 Date: ....

AB43,,9151 Print Name Here: ....

AB43,,9152 Residence Address: ....

AB43,,9153 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

AB43,,9154 Authentication

AB43,,9155 Signature .... authenticated this .... day of ...., .... (year)

AB43,,9156 *....

AB43,,9157 TITLE: MEMBER STATE BAR OF WISCONSIN

AB43,,9158 (If not, .... authorized by s. 706.06, Wis. Stats.)

AB43,,9159 Acknowledgment

AB43,,9160 STATE OF WISCONSIN   )

AB43,,9161 )   ss.

AB43,,9162 .... County   )

AB43,,9163 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.

AB43,,9164 *....

AB43,,9165 Notary Public ...., .... County, Wisconsin.

AB43,,9166 My Commission is permanent.

AB43,,9167 (If not, state expiration date: ...., .... (year))

AB43,,9168 (Signatures may be authenticated or

AB43,,9169 acknowledged. Both are not necessary.)

AB43,,9170 *Names of persons signing in any capacity should be

AB43,,9171 typed or printed below their signatures.

AB43,,9172 Signature of Other Spouse: ....

AB43,,9173 Date: ....

AB43,,9174 Print Name Here: ....

AB43,,9175 Residence Address: ....

AB43,,9176 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

AB43,,9177 Authentication

AB43,,9178 Signature .... authenticated this .... day of ...., .... (year)

AB43,,9179 *....

AB43,,9180 TITLE: MEMBER STATE BAR OF WISCONSIN

AB43,,9181 (If not, .... authorized by s. 706.06, Wis. Stats.)

AB43,,9182 Acknowledgment

AB43,,9183 STATE OF WISCONSIN   )

AB43,,9184 )   ss.

AB43,,9185 .... County   )

AB43,,9186 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.

AB43,,9187 *....

AB43,,9188 Notary Public ...., .... County, Wisconsin.

AB43,,9189 My Commission is permanent.

AB43,,9190 (If not, state expiration date: ...., .... (year))

AB43,,9191 (Signatures may be authenticated or

AB43,,9192 acknowledged. Both are not necessary.)

AB43,,9193 *Names of persons signing in any capacity should be

AB43,,9194 typed or printed below their signatures.

AB43,,9195 Termination of statutory terminable

AB43,,9196 marital property classification agreement

AB43,,9197 I UNDERSTAND THAT:

AB43,,9198 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.

AB43,,9199 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.

AB43,,9200 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

AB43,,9201 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.

AB43,,9202 Signature: ....

AB43,,9203 Date: ....

AB43,,9204 Print Name Here: ....

AB43,,9205 Residence Address: ....

AB43,,9206 Schedule “A”