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Prenuptial/Postnuptial Agreements
Attorney in Naperville, Illinois
Entering into a marriage is one of the most important and meaningful decisions a person can make in their life. Marriage has a number of legal implications, which is why it is critical to protect yourself and your property from potential risks.
Even if you are 100% sure that your marriage will last forever, it is still important to ensure that you get the necessary protections in the event of a divorce or death. This can be done by creating a prenuptial or postnuptial agreement.
As a family law attorney at Emmerth Divorce Law, PLLC, I assist clients with matters related to prenuptial and postnuptial agreements. If you need me to help you draft or review a prenup/postnup, I am here to help to make sure that your rights and interests are protected and that you fully understand the consequences of signing the agreement.
Protect what matters before and after marriage.
Prenuptial and postnuptial agreements provide clarity and security for your future. We help you create fair, thoughtful agreements that protect your assets, your interests, and your peace of mind.
Prenuptial/ Postnuptial Agreements
Prenuptial and postnuptial agreements are two different legal documents that provide similar protections. But what is the difference between a prenup and a postnup?
• A prenuptial agreement is a document drafted and signed by two people before they get married. The agreement becomes effective on the date of their marriage.
• A postnuptial agreement is a document drafted and signed by two married people after the date of marriage.
A prenuptial agreement and a postnuptial agreement outline both parties’ property rights, list their separate property, and determine how their marital property would be divided in the event of divorce or death.
What Do Prenups/Postnups Cover?
Prenuptial and postnuptial agreements in Illinois can be used to cover the following issues:
• Whether any spouse would be entitled to alimony in the event of divorce (if not, the parties need to waive their right to receive alimony);
• How the parties would divide marital assets in the event their marriage falls apart;
• Which assets would be considered the parties’ “separate property” in the event of divorce;
• Spouses’ ownership rights in the event of the other spouse’s death;
• Which state law will govern the enforcement of the agreement; and
• Any other matters that can be included in a contract
Once the parties sign a prenuptial or postnuptial agreement, they can modify it at any time during their marriage. However, the modification must be in writing and requires the signatures of both spouses. If necessary, the spouses can revoke the prenup/postnup as long as both parties agree to the revocation.
Why Should You Get a
Prenuptial/Postnuptial Agreement?
Having a prenuptial or postnuptial agreement in place has a number of benefits. Some of the reasons to get a prenuptial/postnuptial agreement include:
• There is no guarantee that your marriage will not end in divorce. Given the divorce rate in the United States, you never know how your marriage might end.
• You can protect yourself from your spouse’s debts. With a prenup/postnup, you can make sure that your spouse’s debts do not become your burden in the event of a divorce.
• You can minimize stress during a divorce. Since prenuptial and postnuptial agreements make the divorce process more straightforward, you can avoid unnecessary stress if your marriage falls apart.
• You can protect your separate property from your spouse. If you owned any assets before the marriage, they might be subject to division during a divorce unless you have a prenup/postnup that clearly defines which assets are rightfully yours.
• You can protect your business. Without a prenup/postnup, your spouse may be entitled to as much as 50% of your business. However, you can avoid this by getting a prenuptial or postnuptial agreement.
This is not a complete list of reasons why you should get a prenuptial or postnuptial agreement. Speak with a prenuptial/postnuptial agreements attorney in Naperville, Illinois, to discuss how you can benefit from creating a prenup/postnup.
A Prenuptial/ Postnuptial Agreement Must Be Enforceable
There are strict requirements that must be met to ensure that your prenuptial or postnuptial agreement is legally enforceable. In Illinois, the enforceability of prenups and postnups is governed by the state’s Uniform Premarital Agreement Act.
Illinois law requires a prenuptial and postnuptial agreement to be fair and equitable to be enforceable. In addition, a prenup/postnup is enforceable as long as both parties enter into the agreement willingly and without coercion.
When creating a prenuptial or postnuptial agreement, it is a good idea to have a skilled attorney review the terms of your agreement to confirm its enforceability.
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Emmerth Divorce Law, PLLC
27475 Ferry Rd
Ste 169
Warrenville, IL
60555
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