St. Charles, IL Prenuptial and Postnuptial Agreement Attorneys
Illinois Prenuptial and Postnuptial Agreement Lawyers Serving DuPage and Kane County
When you are getting married, planning for the possibility of a divorce is often the last thing on your mind. Unfortunately, the divorce rate in the United States is high, and it is often necessary to make such plans. Prenuptial agreements, also called prenups, are used to protect the interests of both spouses and others should the marriage end in divorce. They can also help remove some of the bitterness from a divorce proceeding. These contractual agreements can address numerous issues, and they often become quite complex.
Benefits of Prenuptial and Postnuptial Agreements
In the past, these types of marital agreements were mostly used by high-income couples. Today, more and more people are looking to prenups and postnups to protect their interests and the interests of their families. These agreements can address a myriad of issues including:
- Property division
- Maintenance (spousal support)
- Estate planning
- What is considered marital or non-marital property
Those who have children from previous relationships and those who have family inheritance or jointly held businesses often use prenups and postnups to protect the financial interests of their children, relatives, and business partners. For instance, a business owner may use a marital agreement to specify how ownership of the business will be handled during a divorce, ensuring that the business can remain intact. In other cases, a person who has children from a previous marriage or relationship can use a prenup or postnup to state that certain assets will be set aside for those children rather than being subject to division during divorce.
Challenging Prenuptial and Postnuptial Agreements
While marital agreements are effective tools to protect your interests in a divorce, they are not magic bullets. In some cases, the validity of a prenuptial or postnuptial agreement can be effectively challenged in a divorce. If the agreement is not voluntarily signed or is unconscionable, it can be set aside. A prenup or postnup may also be found to be invalid if the spouses did not fully disclose their assets and other financial information to each other before signing the agreement. Postnuptial agreements are particularly vulnerable to challenges.
At Mevorah & Giglio Law Offices, we are experienced in drafting prenuptial and postnuptial agreements that satisfy all legal requirements and can withstand challenges. Contact us at 630-932-9100630-932-9100 today. We offer free initial consultations, evening and weekend hours, and 3 convenient offices to serve you, including Lombard, Bloomingdale, and Naperville.