Prenups and Divorce: What You Need to Know

 Posted on May 06, 2024 in Divorce

Navigating the murky waters of divorce can be difficult, but having a prenuptial agreement can simplify the process. In Illinois, prenuptial agreements, or “prenups” as they are often called, are legal contracts entered into before marriage that lay out specific financial expectations and responsibilities. Contact a friendly and personable trusted attorney at A. Traub & Associates to ensure you can effectively utilize your prenup to make your divorce a more efficient process. 

The Power of Prenups is Establishing Clarity

Understanding prenups is the first step towards learning how, in a divorce, such agreements can be beneficial. Since prenups are contractual agreements that govern how different assets and liabilities get divided in the event of a divorce. Therefore, a prenup can provide couples with a very clear understanding of property rights, spousal support, and more. As a result, prenups can bring clarity in the midst of the emotional turmoil that can often take place during a divorce. 

Getting a Prenup to Hold Up in Court

Illinois prenuptial agreements are enforceable under the Illinois Uniform Premarital Agreement Act as long as the agreement is fair, entered voluntarily by both parties, and each party has been given full disclosure of the other’s assets. However, it is important to understand that prenups might not be enforceable under certain circumstances, such as when there is evidence of fraud, duress, or undue influence. If any of these elements are present, the prenup may not be valid and may be challenged during the divorce.

Can Prenups Discuss Child Support? 

No. While it is true prenups can govern various financial concerns, they cannot dictate child support or custody issues in Illinois. Matters related to children are separated from a prenup and decided instead by what is in the child’s best interests at the time of the divorce. Since prenups are entered into prior to a marriage, there is no way for these agreements to ensure the best interests of the child are protected. 

Contact Our Arlington Heights, IL Divorce Attorney

While prenuptial agreements may not promise a fairy-tale ending, they do provide clarity where it matters most. By offering protection and potentially minimizing conflict, prenups can go a long way toward making the divorce process more bearable. Remember, regardless of whether you have a prenup, you still should always contact an experienced attorney for help through the process. The judicious Arlington Heights, IL divorce lawyers at A. Traub & Associates are ready to represent you through your case. Call 847-749-4182 for a consultation.