Wisconsin is a marital property state, meaning that all property acquired after a marriage is presumed to be owned equally by the spouses.  This presumption can be overcome with a martial property agreement.  When this type of agreement is entered into before a marriage, it is called a pre-nuptial agreement.  When it is entered into after a marriage, it is a post-nuptial agreement or simply martial property agreement.

Pre-nuptial Mediation

To have an enforceable pre-nuptial in Wisconsin it is recommended that parties each consult an attorney to go through the terns of the agreement with them.  By mediating the terms, the parties can save time and money by reaching an agreement in mediation and then taking that agreement to their separate attorneys for drafting and final review of individual rights. 

Post-nuptial Mediation

Changes may need to be made after the marriage to address things like adult children, predeceased family members, new children, or changes to the property distribution. As with the mediated pre-nup, working with a skilled mediator to address these changes can help ensure that parties do not become adversarial. Changes to a marital property agreement should be reviewed with each party by individual attorneys before signing.  

Estate Planning Mediation

Coming up with an estate plan may lead spouses/partners to realize they have strong disagreements about how their assets should be distributed.  While a competent and talented estate planning attorney can address options, the couple may need additional assistance in making decisions. Meditating these tricky situations can save the participants time and expense. Additionally, mediation can help protect the relationship by providing structure and assistance for difficult discussions.

Other Property Disputes

Many other types of property disputes may occur between current or former spouses/domestic partners, extended family members, coworkers or neighbors. Examples of such disputes include: contested probate, workplace disagreements, property line or access issues.

In addition, right now, pets are considered property and this is a growing area of concern and often one of the property disputes that is most emotional for family members to address. Placement and custody agreements do not apply to pets. This issue is a great topic for mediation as litigation leaves very few options. A mediated agreement opens the door to all kinds of different results.