Button v. Button
Wisconsin Supreme Court
388 N.W.2d 546 (1986)
Ms. Button (plaintiff) and Mr. Button (defendant) married in 1969, each bringing modest and substantial assets respectively into the marriage, and signed a 1969 prenuptial agreement drafted by Mr. Button's attorney without formal financial disclosures, though Ms. Button was generally aware of his holdings. In 1974, after Mr. Button sold his business (then worth around $110,000, versus Ms. Button's largely unchanged assets), the couple signed a superseding postnuptial agreement, again drafted by Mr. Button's attorney and again without formal disclosures, providing that upon divorce each spouse would keep what they'd brought in or acquired separately, splitting only jointly acquired property. When Ms. Button filed for divorce in 1983, the trial court enforced the 1974 agreement, awarding her about $7,882 against Mr. Button's roughly $255,104, and she appealed.
Whether the fairness of a prenuptial or postnuptial agreement should be assessed from the perspective of the parties at the time of the agreement's execution, rather than at the time of divorce.