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806.32.Variation by agreement.

Ch. 806: Judgment · Last amended 1991 · Last verified July 15, 2026

In one sentenceSection 806.32 lets parties agree to depart from Wisconsin’s foreign-money-claims rules at any point in a case and lets them choose which currency governs a transaction, including using different currencies for different parts of the same deal.

Full Text of Section 806.32

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(1) The parties may agree to vary from the effects of ss. 806.30 to 806.44 at any time before or after the commencement of an action or distribution proceeding, or the entry of judgment.
(2) The parties may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may use different moneys for different aspects of the transaction. Stating the price in a foreign money for a particular transaction does not require, of itself, the use of that money for other aspects of the transaction.

Plain-English Summary

Section 806.32 gives parties contractual control over the foreign-money-claims framework. They may agree to vary from the effects of sections 806.30 to 806.44 at any time, whether that is before an action or distribution proceeding begins, after it has commenced, or even after judgment has been entered.

Parties also get to choose the money used in a transaction that gives rise to a foreign-money claim, and they may use different moneys for different aspects of the same transaction. Stating the price for a particular transaction in a foreign money does not, by itself, require using that same money for the transaction’s other aspects.

Frequently Asked Questions

Can contracting parties opt out of Wisconsin’s foreign-money-claims statutes?

Yes. Section 806.32 lets parties agree to vary from the effects of sections 806.30 to 806.44 at any time, including before or after the action or distribution proceeding begins, or after judgment is entered.

Can parties use more than one currency in the same transaction?

Yes. They may agree to use different moneys for different aspects of a transaction giving rise to a foreign-money claim.

If I price one part of a deal in a foreign currency, does that lock in that currency for the whole contract?

No. Stating the price in a foreign money for a particular transaction does not, by itself, require using that money for other aspects of the transaction.

Is it too late to agree on currency terms once litigation has already started?

No. Section 806.32 allows the agreement at any time, including after the action or distribution proceeding has commenced.

Can the parties still vary these rules after a judgment has already been entered?

Yes. Section 806.32 expressly includes agreements made after entry of judgment.

Amendment History

History: 1991 a. 236.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
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