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When a couple is planning to marry, there can be some hesitancy to sign a prenuptial agreement for fear that doing so somehow casts an ominous shadow over a new marriage that one party is harboring doubts, but the truth is that prenuptial agreements are often very good ideas simply because they allow both parties to solidify certain rights. Even when spouses decide an agreement is necessary after marrying, a postnuptial agreement can achieve many of the same goals as a prenuptial agreement.
Brinkmeier Law, LLC helps couples all over Illinois determine the best agreements for their unique situations and crafts the agreements for approval by the court. Our firm handles prenuptial and postnuptial agreements throughout the greater Chicago area.
Title 750 Illinois Compiled Statute (ILCS) 10/1 is known as the Illinois Uniform Premarital Agreement Act, and a prenuptial agreement (commonly known as just a prenup) can address such issues as:
Child support and child custody cannot be determined in prenuptial agreements. Such decisions must be made at the time of a divorce.
Couples may decide they need postnuptial agreements for a variety of reasons, with failure to secure desired prenuptial agreements being one of the most common. Other people may decide there is a need to protect significant premarital wealth, isolate business ventures taken on by one spouse, or protect one spouse from debt.
Postnuptial agreements deal with property and assets much the same way prenuptial agreements do, and they similarly cannot be used for child support or child custody issues. Postnuptial agreements can be valuable for isolating debt, such that debt could specifically be identified as being non-marital property when it would otherwise be at risk of being classified as marital property.
Whether it is a prenuptial agreement or a postnuptial agreement, couples need to understand that these agreements do not always hold up in court. Courts can void entire agreements when they determine that one party did not fully disclose their assets or there was any other unconscionable effort by one party.
If you and your spouse are thinking you are going to need a prenuptial agreement or postnuptial agreement in Illinois, you will want to retain legal counsel so you can be sure that you are crafting an agreement that a court will honor in the long run. Brinkmeier Law, LLC, understands what needs to be within these agreements for them to be valid, and we will work to make sure that both parties are able to fully exercise their rights in these situations.
Our firm has helped scores of people get the prenuptial and postnuptial agreements they need when there has only been confusion about what to include and what will be important. You can call (312) 291-4486 or contact us to arrange a free consultation with our Illinois prenuptial/postnuptial agreements attorney.