Benefits of a Postnuptial Agreement

 Posted on December 20, 2022 in Family Law

Unlike a prenuptial agreement, a postnuptial agreement is a binding agreement spouses enter into after they are already married. Postnuptial agreements have the potential to resolve a great many issues in a divorce before they can become issues. Postnuptial agreements can address property concerns, spousal maintenance, and other matters. It is important retain legal counsel when considering a postnuptial agreement so you can be confident you are entering into a favorable agreement.

Postnuptial Agreements in Illinois

Postnuptial agreements are often used to differentiate marital property from non-marital property. In a divorce, marital property is divided between the spouses and non-marital property is assigned to the spouse who originally owned the property. Classifying property in preparation for division during divorce can be complicated and often leads to disagreements. A postnuptial agreement can be used to classify property before a marriage breaks down so there is no question as to whether an asset is marital or non-marital. 

Postnuptial agreements are also often used to describe spousal maintenance terms. When one spouse gives up career advancement to be a homemaker or stay-at-home parent, they may worry about how they will make ends meet if the marriage breaks down. A postnuptial agreement can define spousal maintenance terms in advance. 

Enforceability of Postnuptial Agreements

The postnuptial agreement will be a contract between spouses, so the specific terms have to be ones both parties can follow. 

Some spouses may seek to have postnuptial agreements invalidated because of substantive unconscionability or procedural unconscionability. Substantive unconscionability refers to terms being exclusively in one party’s favor while procedural unconscionability relates to a postnuptial agreement being fundamentally unfair.

Fraud in a postnuptial agreement case will usually involve one spouse proving the other failed to disclose assets or income. People could also make claims of duress in seeking invalidation of a postnuptial agreement.

If the court finds that a postnuptial agreement was founded upon fraud, was not entered into voluntarily, or is unconscionable, the contract may not be enforced during divorce. 

Contact Our Cook County Postnuptial Agreement Lawyers

Are you thinking that you may need a postnuptial agreement or are you having issues trying to work with a postnuptial agreement you already signed? You will want to be sure you speak with a Park Ridge postnuptial agreement attorney at The Law Office of George J. Skuros to get the help you need. 

Our firm understands how complicated these types of cases can be for people and we will work closely with you so you can understand all of your options. Call 312-884-1222 or contact us online to set up a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59