SB907: Bill Text

SB907,218 Section 218. 765.01 of the statutes is amended to read:

SB907,,476 765.01 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.

SB907,219 Section 219. 765.02 (3) of the statutes is created to read:

SB907,,478 765.02 (3) Marriage may be contracted between persons of the same sex or different sexes.

SB907,220 Section 220. 765.03 (1) of the statutes is amended to read:

SB907,,480 765.03 (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.

SB907,221 Section 221. 765.12 (1) (a) of the statutes is amended to read:

SB907,,482 765.12 (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.

SB907,222 Section 222. 765.16 (1m) (intro.) of the statutes is amended to read:

SB907,,484 765.16 (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. If one of the parties is serving on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, in a reserve unit of the U.S. armed forces, or in the national guard, the presence of only one competent adult witness other than the officiating person is required. The following are authorized to be officiating persons:

SB907,223 Section 223. 765.16 (1m) (c) of the statutes is amended to read:

SB907,,486 765.16 (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.

SB907,224 Section 224. 765.23 of the statutes is amended to read:

SB907,,488 765.23 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.

SB907,225 Section 225. 765.24 of the statutes is amended to read:

SB907,,490 765.24 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.

SB907,226 Section 226. 765.30 (3) (a) of the statutes is amended to read:

SB907,,492 765.30 (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.

SB907,227 Section 227. 766.587 (7) (form) 9. of the statutes is amended to read:

SB907,,494 766.587 (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.

SB907,,496 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

SB907,,497 (Pursuant to Section 766.587, Wisconsin Statutes)

SB907,,498 This agreement is made and entered into by .... and ...., (husband and wife who are married) (who intend to marry) (strike one).

SB907,,499 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.

SB907,,500 This agreement terminates on January 1, 1987.

SB907,,501 Signature .... Date ....

SB907,,502 Print Name Here: ....

SB907,,503 Address: ....

SB907,,504 Signature .... Date ....

SB907,,505 Print Name Here: ....

SB907,,506 Address: ....

SB907,,507 [Note: Each spouse should retain a copy of the agreement for himself or herself.]

SB907,228 Section 228. 766.588 (9) (form) 13. of the statutes is amended to read:

SB907,,509 766.588 (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.

SB907,,510 Statutory terminable marital

SB907,,511 Property classification agreement

SB907,,512 (Pursuant to Section 766.588, Wisconsin Statutes)

SB907,,513 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.

SB907,,514 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.

SB907,,515 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.

SB907,,516 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”.

SB907,,517 Signature of One Spouse: ....

SB907,,518 Date: ....

SB907,,519 Print Name Here: ....

SB907,,520 Residence Address: ....

SB907,,521 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB907,,522 Authentication

SB907,,523 Signature .... authenticated this .... day of ...., .... (year)

SB907,,524 *....

SB907,,525 TITLE: MEMBER STATE BAR OF WISCONSIN

SB907,,526 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB907,,527 Acknowledgment

SB907,,528 STATE OF WISCONSIN   )

SB907,,529 )   ss.

SB907,,530 .... County   )

SB907,,531 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.

SB907,,532 *....

SB907,,533 Notary Public ...., .... County, Wisconsin.

SB907,,534 My Commission is permanent.

SB907,,535 (If not, state expiration date: ...., .... (year))

SB907,,536 (Signatures may be authenticated or

SB907,,537 acknowledged. Both are not necessary.)

SB907,,538 *Names of persons signing in any capacity should be

SB907,,539 typed or printed below their signatures.

SB907,,540 Signature of Other Spouse: ....

SB907,,541 Date: ....

SB907,,542 Print Name Here: ....

SB907,,543 Residence Address: ....

SB907,,544 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB907,,545 Authentication

SB907,,546 Signature .... authenticated this .... day of ...., .... (year)

SB907,,547 *....

SB907,,548 TITLE: MEMBER STATE BAR OF WISCONSIN

SB907,,549 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB907,,550 Acknowledgment

SB907,,551 STATE OF WISCONSIN   )

SB907,,552 )   ss.

SB907,,553 .... County   )

SB907,,554 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.

SB907,,555 *....

SB907,,556 Notary Public ...., .... County, Wisconsin.

SB907,,557 My Commission is permanent.

SB907,,558 (If not, state expiration date: ...., .... (year))

SB907,,559 (Signatures may be authenticated or

SB907,,560 acknowledged. Both are not necessary.)

SB907,,561 *Names of persons signing in any capacity should be

SB907,,562 typed or printed below their signatures.

SB907,,563 Termination of statutory terminable

SB907,,564 marital property classification agreement