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Arlington Heights Prenuptial Agreement Lawyer

Wheeling family law attorney for prenuptial and postnuptial agreements

Attorneys for Prenups and Postnups in Mt. Prospect and Palatine

In most cases, when a couple chooses to get married, the possibility of a breakup is not something that either spouse is focused on. However, a significant percentage of marriages end in divorce, so it can be beneficial to consider how certain issues will be handled if a couple's relationship ever does come to an end. One way that spouses can address these matters is through a prenuptial agreement, or prenup.

At A. Traub & Associates, our family law attorneys understand the legal issues that couples often need to address during divorce, and we can work with you to create a prenuptial agreement that will help avoid conflict. We also assist married couples in creating postnuptial agreements.

Prenuptial Agreements in Illinois

According to Illinois law, a couple may create a prenuptial agreement before their marriage, and it will become effective when the spouses become legally married. A prenup must be in writing, and it must be signed by both spouses. Both spouses should fully disclose all relevant financial information to the other, including the income they earn, the property they own, and the debts they owe. In addition, each spouse should be represented by an independent attorney.

A prenup can address how certain issues will be handled if the marriage ends through divorce or upon the death of a spouse. These issues may include:

  • Property division - The prenup can specify whether certain assets are considered marital or non-marital property, or it may make decisions about how marital property will be divided between the spouses.
  • Spousal maintenance - The prenuptial agreement may state whether either spouse will be able to receive alimony from the other in the case of divorce. A specific amount and duration of spousal support may be specified, or a spouse may waive their right to receive maintenance.
  • Inheritance rights - Following the death of a spouse, their assets will typically be divided between the surviving spouse and their children. A spouse may wish to use a prenup to ensure that any children they have from a previous marriage will inherit certain property or assets.

A prenup cannot make decisions about the allocation of parental responsibility or parenting time for a couple's children or about either parent's child support obligations. These matters will be decided during a couple's divorce or legal separation proceedings based on what is in children's best interests.

Postnuptial Agreements

While a prenup can only be created prior to a couple's marriage, spouses may wish to create a similar agreement after they are already married. A postnuptial agreement can address the same issues as a prenup, and it can be beneficial in a variety of situations, such as:

  • One spouse plans to found or acquire a business, and they want to make sure the business will be able to continue operating if they ever get divorced.
  • One spouse plans to make a large investment, and the other spouse wishes to ensure that other marital assets, such as the family home, will not be at risk if the investment does not pay off. 
  • One spouse does not want to be responsible for debts accrued by the other spouse.

Contact a Rolling Meadows Prenuptial and Postnuptial Agreement Attorney

A prenup or postnup can provide you with significant peace of mind, and it can help avoid uncertainty and conflict during divorce. If you want to know more about the benefits of these types of prenuptial or postnuptial agreements, or if you need help drafting a marital agreement, contact A. Traub & Associates today at 847-749-4182 and set up a confidential consultation. We serve clients in Palatine, Buffalo Grove, Mt. Prospect, Hoffman Estates, Arlington Heights, Des Plaines, Long Grove, Rolling Meadows, Elk Grove Village, Wheeling, Schaumburg, and throughout Northwest Cook County.

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