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Arlington Heights, IL family law attorney prenuptial agreement

If you and your soon-to-be-spouse are thinking about creating a prenuptial agreement or “prenup,” there are several things you should keep in mind. Prenuptial agreements, when formed correctly, are legally binding contracts. These documents can address issues such as spousal maintenance or alimony, property rights, division of property and debt, and several other issues that will arise if the marriage ends in divorce. Prenuptial agreements are especially beneficial in situations involving individuals on their second marriages, blended families, or spouses with a large discrepancy in wealth. However, if a prenuptial agreement does not meet certain criteria or contains mistakes, it may not be legally enforceable.

Problems That Can Invalidate a Prenuptial Agreement

A prenuptial agreement that is executed correctly is a contract that spouses are bound to by law. However, some mistakes can render a prenup virtually useless. Some of the issues that lead to a prenuptial agreement being invalid include:

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Arlington Heights prenuptial agreement lawyerAlthough it is not pleasant to think about right before your wedding, a good number of marriages will end in divorce. Because of this reality, planning for that possibility could save you a lot of trouble in the future. Of course, if you and your soon-to-be spouse never end up separating, your prenuptial agreement (prenup) will not weigh you down in any way. However, if you do file for divorce and do not have a prenup, settling the terms of your separation will be a lot more difficult than it needed to be. 

What Can a Prenuptial Agreement Do for My Marriage?

The basic idea of a prenuptial agreement is to decide, in advance, how a couple will divide property and assets upon their divorce. Although you create a prenup before marriage, it does not take effect until the date that you get married. If you end up in court for divorce litigation without a prenup, a judge can decide how to divide your assets between you and your spouse.

There are plenty of reasons to get a prenuptial agreement. Maybe you own a business that you built well before your marriage: a prenup will help ensure that it remains yours in the event of a divorce. Perhaps you own property or you have funds set aside for children from a previous marriage: a prenup can help you keep those in your possession. Although it sounds unappealing to have these discussions with your spouse right before your wedding, the legal agreement can ease a lot of stress and any underlying concerns about what you will do if your marriage does come to an end.

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Arlington Heights prenup lawyer

Going through a divorce can be a messy process, especially when it comes to splitting the assets between the two partners. Sometimes, it is hard to agree upon how to divide certain pieces of property, businesses, monetary assets, etc. so that both parties can separate happily. This is why many people do not enter a marriage without a prenuptial agreement. This is a legal and binding document signed before a marriage begins, and it predetermines who is entitled to what assets in case of a divorce.

What Can Be Included in a Prenuptial Agreement?

Illinois law says that issues related to a couple's children, such as child support and the allocation of parental responsibilities, may not be affected by a prenuptial agreement. Things that can be protected by means of a prenuptial agreement include:

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