Prenuptial And Postnuptial Agreements In Illinois
Planning for the future is important for couples in Illinois. Prenuptial and postnuptial agreements help safeguard financial interests and provide clarity in case of divorce or separation.
The attorneys at Gauthier Family Law in Vernon Hills have extensive experience creating both prenuptial and postnuptial agreements. We are committed to helping you protect your assets and ensure financial security for you and your family. Call for a free consultation.
What Is A Prenuptial Agreement?
A prenuptial agreement (prenup) is a legal contract signed by a couple before marriage. It outlines how assets, debts and other financial matters will be handled if the marriage ends in divorce or death. Prenups can clarify property rights, protect business interests and facilitate financial security for both spouses. Under Illinois law, these agreements must be in writing and signed voluntarily by both parties.
What Is A Postnuptial Agreement?
A postnuptial agreement (postnup) is similar to a prenup but is created after a couple is married. It serves the same purpose of defining financial arrangements in the event of a divorce or separation. A postnup can be useful if financial circumstances change, such as a significant inheritance, business growth or one spouse deciding to leave the workforce.
Benefits Of Prenuptial And Postnuptial Agreements
These marital agreements offer several key benefits, including:
- Asset protection: Clarifies which assets remain separate and which are considered marital property
- Debt protection: Prevents one spouse from being responsible for the other’s pre-marital debts
- Business security: Ensures a business remains with its original owner if the marriage ends
- Reduced conflict in divorce: Clearly defined financial terms to prevent lengthy and costly disputes
- Estate planning clarity: Helps align with a couple’s broader estate planning goals
Illinois law has strict requirements for prenuptial and postnuptial agreements to be enforceable. Courts may reject agreements if they are unfair or were signed under pressure. Our lawyers can help you create marital agreements that are legally sound, properly drafted and tailored to your needs.
Call Us Today To Start Drafting Your Agreements
Our firm has extensive experience drafting and reviewing prenuptial and postnuptial agreements. We work closely with clients to understand their goals, explain their rights and create agreements that stand up in court. Contact us today at 847-327-0898 or online in Vernon Hills to schedule a free consultation and discuss your options.