Prenuptial Agreements

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Prenuptial Agreement Lawyers in Naperville

Protecting Your Rights in Aurora, Wheaton & Surrounding Areas

Prenuptial and postnuptial agreements are becoming more common among couples in Illinois. While many people only associate prenuptial agreements with individuals entering into marriage with considerable assets, there are many other legitimate reasons for requesting a prenuptial agreement. It should not be considered as an indication of distrust or precursor to an eventual divorce. Establishing a premarital agreement can be an open, honest process that allows the couple to plan for the unexpected.

Because your future depends on it, contact the Roscich & Martel Law Firm, LLC to discuss your situation with an experienced attorney. Call us at (630) 793-6337.

What is a Prenuptial Agreement?

A prenuptial agreement includes an inventory of the assets and debts of both people entering into the marriage and rights to such property (or obligation to such debts) should the marriage end in divorce or upon the death of one of the parties.

In addition to protecting the rights each individual has to property brought into or acquired during the marriage, a prenuptial agreement often addresses the inheritance rights of children or grandchildren from prior marriages or relationships. It may also contain an agreement of how or if alimony will be paid in the event of divorce.

Many couples choose to create a prenuptial agreement because they can:

Ensure inheritance for children and grandchildren
Protect spouses without debt from the debts of their ex-spouse
Protect each party’s own assets

Non-Voluntary Agreements

Under the Uniform Premarital Agreement Act (UPAA), if it is demonstrated that the prenuptial agreement was not entered into voluntarily, that it was unconscionable at the time it was established, or that there was not full disclosure of the assets or liabilities of one of the parties to the agreement, the court may set aside the premarital agreement if it is contested in the future.

Therefore, when creating a premarital agreement, it is critical to work with an experienced lawyer who will ensure the agreement complies with all requirements. Not only are we experienced in drafting language that cannot later be misunderstood or misinterpreted by the courts, we are experienced at exposing such weaknesses — whether we are reviewing a prenuptial agreement draft or we are representing someone who wishes to contest an existing agreement.

Can Changes be Made to a Prenup After Marriage in Illinois?

In Illinois, prenuptial agreements are generally considered to be binding contracts between the parties. However, after marriage, changes to a prenuptial agreement can be made through a process called "modification." This typically involves both parties agreeing to the changes and having them formalized in a written amendment to the original agreement. It is important to note that in order to be valid, any modification to a prenuptial agreement must be fair and reasonable to both parties at the time it is made. Additionally, it's recommended to consult a lawyer for the best advise.

Revising a prenup is a common need for many couples. The primary reason for this is that sometimes revisions are needed to ensure both parties are consistently receiving fair consideration of the deal as time passes. Think of making changes to a prenup as a form of maintenance. You may want to make changes to your agreement as your finances change or to make sure it continues to remain enforceable in the state of Illinois. Any significant change in financial status, relocation, or monetary goals can impact the nature of a prenup, so it is understandable to consider making amendments under these evolving circumstances.

Contact an Experienced Naperville Lawyer

Prenuptial agreements are particularly important when significant assets, business interests, or children from previous relationships are involved. However, a premarital agreement can also be useful to defuse any future disagreement about how property and debt will be handled in divorce. Every couple’s situation is different, so you will want a skilled attorney by your side to ensure that your prenuptial agreement protects your rights.

Contact the Roscich & Martel Law Firm to discuss your situation. Call (630) 793-6337.

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