Prenuptial Agreement Attorney in Chicago

Prenuptial Agreement Attorney in Chicago

Prenuptial agreements conjure many different emotions and ideas, but they are nothing more – nor less – than contractual agreements between couples who are preparing to marry that set parameters for how specific terms will be resolved in the event of divorce. Prenuptial agreements can afford couples considerable peace of mind and are generally considered a useful tool that in no way increases the risk of divorce but can help to ensure that a divorce will proceed more smoothly. If you have questions or concerns related to a prenuptial agreement, turn to an experienced prenuptial agreement attorney in Chicago for the skilled guidance you’re looking for. 

The Mechanics of a Prenuptial Agreement

Prenuptial agreements are contracts that are written and signed by both spouses prior to marriage and that go into effect upon marriage. If the couple does not go through with the marriage, the prenup has no legal bearing. The basics when it comes to creating a binding prenuptial agreement include the following:

• It must be in writing and must be signed by both spouses – each of whom is of sound mind at the time.
• Each party must have afforded the other a transparent accounting of their assets and debts.
• Neither party can be coerced, forced, or threatened into signing the agreement.
• The agreement itself cannot include unconscionable terms, which refer to terms that are egregiously imbalanced.

Finally, the enforceability of the prenuptial agreement improves considerably when both parties involved have their own legal counsel throughout the process.

Advantages of Prenuptial Agreements

Some of the prime advantages of having a prenup include the following:

• The couple can address how marital property will be divided upon divorce, which can alleviate a considerable amount of stress and helps to take the guesswork out of the equation.
• A prenup allows couples to identify separate property and take the legal steps necessary to maintain the separate nature of these assets to the degree possible. This can be especially important when one spouse enters the marriage with a family business or valuable family heirlooms. 
• When the spouses’ assets and earning power are lopsided, a prenuptial agreement can guide the matter of spousal support, which would likely be a concern in the event of divorce. 
• If one party enters the marriage with a child from a prior relationship, the prenuptial agreement can address the matter of their inheritance, which may include distinctly different terms that the state’s laws of intestacy would implement.

Finally, child-related issues cannot be resolved in a prenup. 

Seek the Skilled Legal Guidance of an Experienced Prenuptial Agreement Attorney in Chicago Today

The savvy prenuptial agreement attorneys at WARD FAMILY LAW – proudly serving Chicago – have the legal insight and keen skill to help you craft a prenuptial agreement that affords you the peace of mind you’re after. Learn more by contacting us today.