Chicago Prenuptial Agreement Lawyer

Chicago Family Law Attorney for Premarital and Postnuptial Agreements in Chicago and the North Shore

Financial issues can be a major source of stress and conflict during a marriage, as well as a point of heated contention during a divorce. However, couples are often able to avoid some of the conflict and uncertainty surrounding property and assets by entering into a prenuptial or postnuptial agreement. Telling your partner that you want a prenup or postnup may not be easy, but you may find that doing so leads to many benefits in both the short and long term.

If you are considering a prenuptial or postnuptial agreement, The Law Offices of George J. Skuros can help. We have over 30 years of legal experience, including in numerous cases involving divorce and family law. We can advise you of the benefits of a prenup or postnup according to your personal circumstances and work with you to draft a legally valid agreement in which both partners are protected.

Reasons to Consider a Prenup or Postnup

Ultimately, the decision to get a prenuptial or postnuptial agreement depends on the personal preferences of you and your partner. However, there are certain situations in which such an agreement can be especially beneficial. For example, getting a prenup before your marriage may be a good idea if one or both partners already have substantial assets, like businesses, real estate property, or retirement savings, that you want to keep separate from the marital estate. A prenup can also help to protect the financial interests of both partners' children from previous marriages or relationships.

After getting married, a postnuptial agreement can be a good decision for many of the same reasons. A postnup may also be smart if you or your partner has recently experienced a major financial change, such as receiving a large inheritance or gift, acquiring new and valuable property, or significantly growing a business.

What Can I Include in an Illinois Prenuptial Agreement?

The kinds of issues that can be addressed are the same in either a prenuptial or postnuptial agreement. According to Illinois law, these issues include:

• Rights to all property belonging to both partners. This can include ownership rights of property that would otherwise be classified as marital or non-marital property under Illinois law. It can also include the right to perform certain actions with respect to the property, including buying, selling, using, or managing it.
• Rights to the death benefit for a life insurance policy held by either party.
• Provisions for the division of property and spousal support in the event of a divorce or legal separation.
• Decisions regarding the state law that governs the agreement, or the county that has jurisdiction to consider legal matters related to the agreement.
• Creation or modification of a will or trust to ensure that the terms of the agreement are carried out both during your lifetime and in the event of a partner's death or incapacitation.
• Any other legally permissible terms that you and your partner wish to include.

Though some terms of a prenup or postnup may be influenced by the desire to preserve property or assets for either partner's children, the agreement cannot address custody or parenting time arrangements for a minor child, nor can it adversely impact a child's right to support from a parent.

Creating a Legally Valid Agreement

For a prenuptial agreement to be legally enforceable in Illinois, it must be created in writing and willingly signed by both partners. Coercion or manipulation on the part of either partner can invalidate the agreement, including in cases in which one partner does not fully disclose all relevant information about their assets and debts to the other before the agreement is created. Additionally, in the event of a divorce, the court may modify provisions regarding spousal support to prevent either spouse from facing undue hardship.

Contact an Illinois Prenup Attorney

We can advise you regarding how to protect your interests before you sign a prenup, or we can work with you and your partner to draft an agreement that holds up in court. Contact us today at 312-884-1222 to learn more about our services and ask for a free consultation on your case. We serve clients throughout Cook County and the surrounding areas, including Chicago, the North Shore, Mount Prospect, Des Plaines, Arlington Heights, Schaumburg, Park Ridge, and Inverness.