Prenuptial Agreements Lawyer 60618

Prenuptial Agreements Lawyer 60618

Prenuptial agreements, which are also known as premarital agreements, have always had something of a bad reputation, but the truth is that they make a lot of sense. While it’s difficult to put an exact number on, over half of all marriages end in divorce – with the terms of divorce hanging in the balance. A solid prenuptial agreement allows a married couple the space they need to work on that primary relationship and takes the question mark of what would happen if divorce did come knocking, which – counterintuitively – can help strengthen the marriage. If you have questions or concerns regarding prenuptial agreements, don’t wait to consult with an experienced prenuptial agreement lawyer in the 60618 zip code. 

The Terms of Divorce

The terms that every divorcing couple must address – as applicable – include all the following:

• The division of marital property, including assets and debts
• Parental responsibilities, including decision-making and parenting time, which is outlined in an allocation judgment and was formerly known as child custody 
• Child support
• Alimony or spousal maintenance

Your prenuptial agreement can directly address the division of your marital property and the matter of alimony among many other things, but children-related items such as parental responsibilities, decision-making, parenting time, and child support are off-limits. 

Ensuring that Your Prenuptial Agreement Is Valid

If you create a prenup, the idea is for it to be legally binding, and the State of Illinois implements several requirements toward this end, including:

• The prenuptial agreement must be in writing, and both of you must have signed it. We even require notary.
• If you make any amendments or changes while you are married, they must also be in writing, and both of you are required to sign them, also typically with a notary present.
• Prior to executing your prenuptial agreement, both of you must have fully disclosed your personal financial information to one another, including income, non-marital property, trusts, all assets and all debts.
• Each of you must have entered the contract freely and with no coercion on the part of the other. 
• Each party should be represented by their own, independent legal counsel.

It’s also important to understand that the court will not tolerate any prenuptial terms that are considered unconscionable, which means they are clearly unfair to one spouse. 

When Prenups Are Invalidated by the Court

The kinds of factors that are most likely  to invalidate a prenuptial agreement in Illinois include the following:

•  One spouse signed the agreement under duress, coercion or other severe circumstances. 
•  The terms included leave are unconscionable, such as one spouse being eligible for public assistance.  
• The terms are illegal.

An Experience Prenuptial Agreements Lawyer in the 60618 Zip Can Help

The formidable Illinois prenuptial agreements lawyers at WARD FAMILY LAW, LLC – proudly serving the 60618 zip code area – have a wealth of experience helping clients effect legally binding prenuptial agreements that protect their financial rights – as well as skillfully including prenup terms in divorce decrees. Learn more about what we can do to help you by contacting us today.