DuPage County Prenuptial Agreement Attorney

Winfield prenup and postnup attorney

Lawyers for Prenups and Postnups in Wheaton, Glen Ellyn, Warrenville, and Carol Stream

When getting married, many people may not consider the possibility that their relationship could break down in the future. However, even if divorce does not seem likely, it can be a good idea for a couple to address how matters should be handled if their marriage does come to an end. A prenuptial agreement, or "prenup," can be beneficial for those who own a business or who are entering a marriage with significant non-marital assets or family wealth, since it can specify how ownership of these and other assets will be handled during a divorce. Prenuptial agreements can also be appropriate if one or both spouses have been divorced previously or have children from a prior relationship. Spouses may also enter into a postnuptial agreement, or "postnup," after getting married, and by making decisions about matters such as spousal maintenance or the division of marital assets and debts, they can help avoid stress and uncertainty both during a reconciliation process and a future potential divorce process.

If you are planning to get married, or if you want to make an agreement with your spouse that addresses what will happen if you ever get divorced, the family law attorneys of McSwain Nagle & Giese, P.C. can help you create a prenuptial or postnuptial agreement that will meet your needs. We have over 65 years of combined experience, and we know how the laws in Illinois apply to marital agreements. We will make sure you understand your rights, and we will help you negotiate favorable terms that will be legally enforceable.

Terms of a Prenuptial or Postnuptial Agreement

A prenup or postnup serves as a contract between spouses in which the parties agree on how various issues will be addressed if their marriage ends through divorce or the death of either party. The Illinois Uniform Premarital Agreement Act (750 ILCS 10/4) states that a marital agreement can address the following:

  • The parties' rights and obligations regarding assets or property acquired by either spouse before or after the marriage. These may include the rights to buy, sell, transfer, use, manage, or control property.
  • The disposition of property in a legal separation, divorce, or other events. This may include decisions about how assets and debts will be divided between spouses. An agreement may also address whether certain assets or property will be set aside for the children or family members of either party, or it may define the parties' ownership rights regarding the death benefits of a life insurance policy.
  • Any modification or elimination of a spouse's right to receive spousal support. An agreement may state that a spouse will or will not receive spousal maintenance in certain situations, or it may specify the amount and/or duration of any spousal support payments.
  • Whether a will, trust, or other instrument will be used to carry out the terms of the agreement.
  • The "choice of law" that governs the agreement. This may address what state's laws will apply to the couple's marriage or divorce, or it may specify the court where any challenges to the agreement will be heard.
  • Any other agreements between the spouses that do not violate the law or go against public policy.

Prenuptial or postnuptial agreements will typically address a couple's finances and property. Decisions related to the couple's children, such as agreements regarding the allocation of parental responsibilities or parenting time, cannot be included in a prenup or postnup. These matters will be addressed at the time of a separation or divorce based on what is in children's best interests. In addition, a prenup or postnup cannot waive a parent's obligations to pay child support or make any other decisions that would adversely affect the support a child would receive.

Contact Our Will County Postnuptial Agreement Lawyers

Whether you want to make sure your financial interests are protected when getting married, or you wish to avoid uncertainty during a potential divorce, McSwain Nagle & Giese, P.C. can help you create a prenup or postnup that meets your needs. We will work with you to negotiate, draft, and execute a marital agreement that will be valid and enforceable if your marriage ever comes to an end. Contact us by calling 630-407-1200 to arrange a free consultation today. We assist with family law matters in Wheaton, Warrenville, Glendale Heights, Glen Ellyn, Naperville, Winfield, Carol Stream, and throughout DuPage County, Cook County, Kane County, Will County, and Kendall County.

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