Chicago Prenuptial and Postnuptial Attorneys

Divorce is Rising in the United States. Protect Yourself with an Agreement

If you're like most people, you probably never thought that your marriage would end in divorce. Unfortunately, divorce is becoming increasingly common in the United States, with rates hovering around 50%.

While no one likes to think about the possibility of their marriage ending, it's important to be prepared for every eventuality. One way to do this is to create a prenuptial or postnuptial agreement. These documents can help protect your assets and interests in a divorce.

Most parties agree that they were glad they entered into an Illinois prenuptial agreement and hired their lawyer. Prenuptial and postnuptial agreements used to be taboo subjects before the wedding date, but over time, they have become widely accepted in the stage of wedding planning and overall, the marriage process.

The main benefit of a prenuptial agreement is that it can help couples avoid potential financial disputes if they ever divorce. The agreement is a contract that sets forth how the couple will handle their finances and property in the event of a divorce.

Chicago Family Attorneys, L.L.C. can help you with a prenuptial agreement, postnuptial agreement, or enforcing an existing agreement. If you would like to hire an attorney to assist you in your matter, contact us today to schedule a free consultation by calling (312) 210-9614 or book an appointment online.

The Illinois Uniform Prenuptial Agreement Act Provides Security For Couples

What is a prenuptial agreement?
A prenuptial agreement is a good idea for most couples because it is a legally binding contract that two people enter before marriage that allows for the protection of financial assets.

Prenuptial agreements are becoming increasingly common, especially among couples who have been married before or who have significant assets. State laws vary on how to separate property in the event of divorce or death, but the right legal advice can assist you in avoiding issues in relation to real estate and financial obligations in the event of a divorce.

If you're considering entering into a prenuptial agreement, it's important to work with an experienced attorney who can help you draft a fair contract that protects your interests.

What is a postnuptial agreement?
A postnuptial agreement is like a prenuptial agreement, except that it is entered after the couple is already married. Like prenuptial agreements, postnuptial agreements are legally binding contracts that outline how the couple will handle their finances and property in the event of a divorce.

Postnuptial agreements outline how a couple will handle their finances and property if they divorce.

Couples who didn't have a prenuptial agreement before marriage often use postnuptial agreements. If you're considering entering into a postnuptial agreement, working with experienced matrimonial lawyers is important to ensure that the marital contract is fair and protects your interests.

Our law firm wants you to have a successful marriage, but when it comes time for a legal separation or if a marriage ends, you will be glad that you hired the right family law attorney to assist you in separating marital property and the drafting of your legal contract.

Why do I need a prenuptial agreement or postnuptial agreement?
There are many reasons why you might want to consider entering into a prenuptial or postnuptial agreement. These agreements can help protect your assets and interests during separation or divorce.

If you have significant assets, a prenuptial or postnuptial agreement can help protect those assets during a divorce. For example, if you own a business, a prenuptial agreement can help ensure that the business remains yours in the event of a divorce.

Prenuptial and postnuptial agreements can also help protect your interests if you're entering a second marriage. If you have children from a previous marriage, a prenuptial or postnuptial agreement can help ensure that they inherit your assets in the event of your death.
Finally, prenuptial and postnuptial agreements can help couples avoid lengthy and costly divorce proceedings. If you and your spouse can agree on how to divide your assets in the event of a divorce, you can save time and money by avoiding a lengthy court battle.

How do I create a prenuptial or postnuptial agreement?
If you're considering entering into a prenuptial or postnuptial agreement, it's essential to work with an experienced attorney who can help you draft a contract that is fair and protects your interests.

It is advisable that before entering into a prenuptial agreement or postnuptial agreement that you fully account for all of your assets and debts. After reviewing your assets and liabilities, review what items and interests you value the most so you can have a meaningful conversation with a family law attorney that can assist you.

The attorneys at Chicago Family Attorneys, LLC have experience drafting prenuptial and postnuptial agreements for clients in Illinois. We will work with you to understand your unique situation and needs and prepare a tailored agreement.

Contact us today to learn more about prenuptial and postnuptial agreements or to schedule a consultation with one of our attorneys. Call us at (312) 971-2581 or book an appointment online.

Why should I hire a lawyer to draft the agreement?

Prenuptial and postnuptial agreements are legally binding contracts. It's important to ensure that the contract is legal, fair to both parties, and protects your interests.

If the court finds that a prenuptial agreement or postnuptial agreement is not legally binding due , the court may either completely invalidate the contract or only keep certain portions of the agreement in place.

An experienced attorney can help you draft a prenuptial or postnuptial agreement that meets your needs and protects your interests.

What is the process of creating a prenuptial agreement?

The process of drafting a prenuptial or postnuptial agreement typically involves the following steps:

1. Schedule a consultation with an attorney.
2. During the consultation, the attorney will gather information about your assets. It's important to work with an experienced attorney if you're considering entering into a prenuptial agreement. They can help you draft a fair contract that protects your interests and financial well-being.
3. The attorney will draft a prenuptial or postnuptial agreement tailored to your needs.
4. Both parties and their attorneys will review the agreement.
5. Once the agreement is finalized, it will be signed by both parties.

Working with an experienced attorney when drafting a prenuptial agreement is important to ensure your interests are protected. The main advantage of a prenuptial agreement is that it can help avoid financial problems if a couple gets divorced.

What are the benefits?

Prenuptial and postnuptial agreements offer many benefits, including:

• Protecting your assets in the event of a divorce.
• Ensuring that your children inherit your assets in the event of your death.
• Avoiding lengthy and costly divorce proceedings.
• Making sure that spouses divide marital property and non-marital property correctly.

Prenuptial and Postnuptial Agreement Cost

The cost of hiring an attorney to draft a prenuptial or postnuptial agreement varies depending on the complexity of your situation and the time required to draft the agreement. Typically, the price ranges from $1,000 to $10,000 depending upon the city in which you live usually.

Our office charges an average of $1,500 to $4,000 for most prenuptial agreements. If you are interested in trying our automated prenuptial agreement or postnuptial agreement program, you can start the process by entering your information here.

What can be included in a prenuptial agreement or postnuptial agreement in Illinois?

Per the Illinois Uniform Premarital Agreement Act, prenuptial and postnuptial agreements can include provisions regarding:

• The division of property in the event of a divorce.
• The division of debt in the event of a divorce.
• Spousal maintenance (alimony) in the event of a divorce.
• Child custody and visitation in the event of a divorce.
• The division of family heirlooms.
• Custody or possession of family pets.

Overall, the agreements are to be used to protect assets from divorce. The prenuptial or postnuptial agreement may include details regarding the division of retirement accounts, the requirement for life insurance, or even how the parties may maintain their standard of living after a divorce or legal separation occurs. It is important for the drafting attorney to make sure that any premarital agreement or postnuptial agreement does not interfere with estate planning documents that may have already been created for either spouse.

What cannot be included in a prenuptial agreement or postnuptial agreement?

Illinois law prohibits prenuptial and postnuptial agreements from including provisions regarding:

• Child support payments are not usually included in prenuptial or postnuptial agreements in Illinois.
• Child custody, parenting time, and visitation arrangements must be ordered by a court under the Illinois Marriage and Dissolution of Marriage Act. The courts have decided that when parents get divorced, they must choose what is in the best interests of their children. Issues like domestic violence, a child's preference for a custodial parent, and the relationship between the parents and the child are all factors in determining custody and parenting time.

If you would like to start a pre-marital agreement or prenuptial agreement today, call us at (312) 971-2581 or book a free consultation online.

What are the requirements for a prenuptial agreement or postnuptial agreement to be valid in Illinois?

For a prenuptial agreement or postnuptial agreement to be valid in Illinois, it must meet the following requirements:

• The agreement must be in writing.
• Both parties must sign the contract.
• The agreement must be signed by both parties' attorneys, if each party has their own attorney.
• The agreement must be entered into voluntarily by both parties.
• The agreement cannot be unconscionable.
• The agreement cannot be a result of duress.
• There must be adequate time for both parties to review the agreement and for their attorneys to review it.

These requirements are understandable for most individuals, but the language and terms that go into the requirements usually require the oversight of a licensed attorney in Illinois.

Our automated system allows for you to try a do-it-yourself approach, but it is still advised that you hire one of our attorneys to draft the document with great detail and negotiate for your interests where needed.

What happens if one party doesn't uphold their obligations under a prenuptial agreement or postnuptial agreement?

If one party doesn't uphold their obligations under a prenuptial or postnuptial agreement, the other party can file a lawsuit to enforce the terms of the agreement or file in court to start the divorce process. If the court finds the agreement breached, it can order the breaching party to pay damages to the other party.

How long does a prenuptial agreement or postnuptial agreement last?

A prenuptial or postnuptial agreement is typically valid for as long as the marriage lasts. However, if there is a change in circumstances, such as the birth of a child or an increase in one party's income, the terms of the agreement may be modified by court order.

Chicago Family Attorneys, L.L.C. can help you understand what can and cannot be included in a prenuptial or postnuptial agreement. We have the best prenuptial attorneys in Cook County, and our legal services are the best in Illinois.

Our experienced and knowledgeable attorneys can help you navigate the process of drafting and negotiating a prenuptial or postnuptial agreement.

How can I enforce a prenuptial or postnuptial agreement?

If you need to enforce a prenuptial or postnuptial agreement, you can file a lawsuit in Illinois. If the court finds the agreement breached, it can order the breaching party to pay damages to the other party. Damages can range and the court may order specific performance whereby the breaching party may need to do a certain act or refrain from certain acts or the court may order damages to be paid through monetary awards to the non-breaching party.

Our experienced and knowledgeable attorneys can help you navigate the process of drafting and negotiating a prenuptial or postnuptial agreement. Contact us today to schedule a consultation by calling us at (312) 971-2581 or book a free consultation online.