SB45: Bill Text

SB45,1508,10 765.03 (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.

SB45,3027 Section 3027. 765.16 (1m) (intro.) of the statutes is amended to read:

SB45,1508,21 765.16 (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:

SB45,3028 Section 3028. 765.16 (1m) (c) of the statutes is amended to read:

SB45,1509,3 765.16 (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.

SB45,3029 Section 3029. 765.23 of the statutes is amended to read:

SB45,1509,18 765.23 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.

SB45,3030 Section 3030. 765.24 of the statutes is amended to read:

SB45,1510,10 765.24 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.

SB45,3031 Section 3031. 765.30 (3) (a) of the statutes is amended to read:

SB45,1510,20 765.30 (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.

SB45,3032 Section 3032. 766.587 (7) (form) 9. of the statutes is amended to read:

SB45,1511,3 766.587 (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.

SB45,1511,5 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

SB45,1511,6 (Pursuant to Section 766.587, Wisconsin Statutes)

SB45,1511,8 This agreement is made and entered into by .... and ...., (husband and wife who are married) (who intend to marry) (strike one).

SB45,1511,12 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.

SB45,1511,13 This agreement terminates on January 1, 1987.

SB45,1511,14 Signature .... Date ....

SB45,1511,15 Print Name Here: ....

SB45,1511,16 Address: ....

SB45,1511,17 Signature .... Date ....

SB45,1511,18 Print Name Here: ....

SB45,1511,19 Address: ....

SB45,1511,21 [Note: Each spouse should retain a copy of the agreement for himself or herself.]

SB45,3033 Section 3033. 766.588 (9) (form) 13. of the statutes is amended to read:

SB45,1512,3 766.588 (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.

SB45,1512,4 Statutory terminable marital

SB45,1512,5 Property classification agreement

SB45,1512,6 (Pursuant to Section 766.588, Wisconsin Statutes)

SB45,1512,10 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.

SB45,1512,14 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.

SB45,1512,19 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.

SB45,1513,5 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”.

SB45,1513,6 Signature of One Spouse: ....

SB45,1513,7 Date: ....

SB45,1513,8 Print Name Here: ....

SB45,1513,9 Residence Address: ....

SB45,1513,10 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB45,1513,11 Authentication

SB45,1513,12 Signature .... authenticated this .... day of ...., .... (year)

SB45,1513,13 *....

SB45,1513,14 TITLE: MEMBER STATE BAR OF WISCONSIN

SB45,1513,15 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB45,1513,16 Acknowledgment

SB45,1513,17 STATE OF WISCONSIN   )

SB45,1513,18 )   ss.

SB45,1513,19 .... County   )

SB45,1513,22 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.

SB45,1513,23 *....

SB45,1514,1 Notary Public ...., .... County, Wisconsin.

SB45,1514,2 My Commission is permanent.

SB45,1514,3 (If not, state expiration date: ...., .... (year))

SB45,1514,4 (Signatures may be authenticated or

SB45,1514,5 acknowledged. Both are not necessary.)

SB45,1514,6 *Names of persons signing in any capacity should be

SB45,1514,7 typed or printed below their signatures.

SB45,1514,8 Signature of Other Spouse: ....

SB45,1514,9 Date: ....

SB45,1514,10 Print Name Here: ....

SB45,1514,11 Residence Address: ....

SB45,1514,12 (Make Sure Your Signature is Authenticated or Acknowledged Below.)

SB45,1514,13 Authentication

SB45,1514,14 Signature .... authenticated this .... day of ...., .... (year)

SB45,1514,15 *....

SB45,1514,16 TITLE: MEMBER STATE BAR OF WISCONSIN

SB45,1514,17 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB45,1514,18 Acknowledgment

SB45,1514,19 STATE OF WISCONSIN   )

SB45,1514,20 )   ss.

SB45,1514,21 .... County   )

SB45,1515,2 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.

SB45,1515,3 *....

SB45,1515,4 Notary Public ...., .... County, Wisconsin.

SB45,1515,5 My Commission is permanent.

SB45,1515,6 (If not, state expiration date: ...., .... (year))

SB45,1515,7 (Signatures may be authenticated or

SB45,1515,8 acknowledged. Both are not necessary.)

SB45,1515,9 *Names of persons signing in any capacity should be

SB45,1515,10 typed or printed below their signatures.

SB45,1515,11 Termination of statutory terminable

SB45,1515,12 marital property classification agreement

SB45,1515,13 I UNDERSTAND THAT:

SB45,1515,16 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.

SB45,1515,21 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.

SB45,1516,2 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

SB45,1516,5 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.

SB45,1516,6 Signature: ....

SB45,1516,7 Date: ....