Chicago Prenuptial & Postnuptial Agreement Lawyer
When marrying, everyone wants to live happily ever after, but we all know of many cases where that just hasn’t worked out. Couples planning to get married have the option of drafting a prenuptial agreement that will anticipate some of the issues that can be difficult in a divorce settlement. It’s also possible for such agreements to be reached even after the couple has wed. Our Chicago prenuptial and postnuptial agreement attorney will work with clients to protect their financial interests.
From our office, NMS Family Law Firm serves the south suburbs. Call (708) 742-7334 or contact us online to set up a consultation.
What’s Included in a Prenup?
The prenuptial agreement can address most — though not all — of the issues that may arise in the event of a divorce. This starts with property division. An area of dispute in a divorce can be where couples differ on who brought what assets into the marriage and what the value of those assets may be.
Property determined to belong jointly to the spouses will be subject to Illinois law on equitable division. Property that the spouses acquired prior to the wedding is considered separate and belongs exclusively to the spouse who was its original owner. Our Chicago prenuptial and postnuptial agreement attorney can draft an agreement clearly identifying what property is coming into the marriage as separate.
The issue of spousal support can also be dealt with in advance of the wedding. Perhaps one spouse has a significantly higher income than the other, and it’s not anticipated that this will change in the foreseeable future. Either spouse may feel the need to seek financial protection through the prenuptial agreement.
A related subject is inheritance rights, especially when couples with children from prior relationships are getting married. The exact nature of what each child can inherit in the event of a divorce may need to be spelled out.
Spouses should be aware that one thing a prenup may not address is the matter of child custody and child support. While couples can negotiate this in a divorce settlement, an agreement that does so in advance will not be recognized by an Illinois court.
Contact NMS Family Law Firm by calling (708) 742-7334 or by filling out our online contact form to arrange for a consultation.
What Can an Illinois Postnuptial Agreement Do?
A postnuptial agreement is one that a couple reaches after they are already married. Fundamentally, it can do most everything a prenup does. The only difference is the date in which it was signed by the spouses.
Family law judges in the state of Illinois allow couples considerable discretion in settling their affairs, whether that be through a prenup, a postnuptial agreement, or in a standard divorce settlement. But that discretion is not absolute. All agreements are subject to judicial review and must meet the basic requirements of fairness outlined in state law. An agreement seen as patently unfair to one spouse can be thrown out. That’s one of many reasons it’s important to let a responsible and reliable attorney prepare and review any agreement.
Schedule a Consultation
Divorce, and even the prospect of it, is not easy to talk about. Attorney Nicole M. Scott brings a compassionate approach to all of her clients. She understands the difficult questions that have to be asked and the right way to ask them. Her background in family law means she’s aware of all the nuances and small details that must be included in an agreement.
Call (708) 742-7334 or contact us online to set up a consultation.