Prenuptial Agreement Lawyer Near Me

Prenuptial Agreement Lawyer Near Me

When it comes to prenuptial agreements, it’s a good idea to reserve your judgment. A prenuptial agreement, which is also known as a premarital agreement, is nothing more nor less than a legal contract that guides the outcome of specific divorce-related terms (or enforcement of inheritance-related) terms in the event of a divorce. A prenuptial agreement does not make divorce more likely, but it can help ensure that, if a divorce is in one’s future, the outcome will be less uncertain – and the proceedings will likely be less contentious. If you have questions or concerns related to prenuptial agreements (also known as premarital agreements) in Illinois, reach out to an experienced prenuptial agreement lawyer near you. 

The Terms of Divorce Addressed in Prenuptial Agreements

In the State of Illinois – as in other states – prenuptial agreements (also known as premarital agreements) can address the following terms of divorce:

• The division of your marital assets, which refers to the equitable (or fair) distribution of those assets and properties you and your spouse acquired as a married couple
• The allocation of your non-marital assets, which is oftentimes items acquired prior to marriage or through gift or inheritance during the marriage 
• Maintenance or alimony, which is now statutory in Illinois and applies taking the duration of the marriage and the income of both parties into consideration, along with the needs of the other spouse when a party has the financial resources to help offset it

What Your Prenuptial Agreement Cannot Address 

Because the court bases every decision that relates to child custody (called parental responsibilities, which includes both decision-making and parenting time in Illinois) on the best interests of the children at the time the decisions are being made, a prenuptial agreement cannot address these matters. When it comes to determining who will be making important parenting decisions on behalf of your children (decision-making) and how you and your ex will divide your time with your children (parenting time), you have to either come to a mutually agreeable decision in the event of divorce or turn to the court for intervention (if you are unable to resolve the issues between yourselves) for entry of an Allocation Judgment of Parental Responsibilities. 

In Order for Your Prenuptial Agreement to Be Valid

Prenuptial agreements are created prior to marriage, and they go into effect immediately upon marriage (if the couple does not go through with the marriage, however, a signed prenuptial agreement has no bearing). In order for a prenuptial agreement to be valid in the State of Illinois, all the following must be true, plus other additional factors:

• The prenuptial agreement is in writing and is signed by both spouses. 
• Any amendments or revocations of the prenuptial agreement (made during the marriage) are in writing and are assigned by both spouses.
• Before entering into a prenuptial agreement, both spouses made full (and transparent) financial disclosures to one another.
• The prenuptial agreement was entered into voluntarily by both parties.

You Need an Experienced Illinois Prenuptial Agreement Lawyer Near You

The seasoned prenuptial agreement lawyers at WARD FAMILY LAW in Chicago have an impressive track record of helping clients like you craft prenuptial agreements that protect their rights and provide them with increased peace of mind. To learn more, please don’t wait to contact us today.