Prenuptial Agreements in Lake County

Your Guide to Prenuptial Agreements in Lake County, Kane County, McHenry County, and Cook County

You’re about to embark on one of life’s biggest commitments – marriage. While you’re likely filled with hopes, dreams, and excitement about your future with your partner, you may also have some practical questions and concerns, especially when it comes to protecting your assets and financial interests. This is where a prenuptial agreement, commonly called a prenup, can provide reassurance and clarity.

At Manassa Law PC, our family law attorneys understand that couples find Lake County prenuptial agreements sensitive topics. However, drafting a fair and enforceable prenup can prevent future conflicts over money, property, or other assets should the marriage end in divorce.

Let’s look at some common questions about these important legal contracts. For specific advice regarding your situation, please contact us to request a free and confidential consultation.

What Is a Prenuptial Agreement?

A prenuptial agreement, or prenup, is a binding contract two people enter into before they get married. Prenups typically outline each spouse’s property and assets and detail how they want these divided in the event of death or divorce. They can also cover issues like alimony/spousal support.

Essentially, a prenup allows you to decide in advance how to handle certain affairs if the relationship ends, rather than leaving it up to state laws.

Why Get a Prenuptial Agreement?

Couples may sign prenups even if they don’t expect to one day divorce to:

•  Protect premarital assets like a home, business, or inheritance

•  Shield one partner from the other’s debts

•  Determine financial responsibilities during marriage

•  Outline property division in advance

•  Provide for children from previous relationships

•  Create guidelines for alimony or spousal support

Prenups can cover other considerations as well, including how to resolve disagreements or issues. Divorce is a complex process.

Even though people usually don’t marry intending to divorce, any number of life stressors, incompatibility issues, or other factors can irretrievably break a marriage. You can safeguard yourself and your spouse. Orenups can work with couples of all socio-economic standing.

Are Prenuptial Agreements Enforceable?

Prenuptial agreements are legal contracts. When properly drafted and executed, the courts will enforce them.

However, a court can deem a prenup invalid if:

● It was signed under duress, fraud, or coercion

● It was unconscionably one-sided and manifestly unfair

● Full financial disclosures were not made

● Improper legal procedures were not followed

Having an experienced family law attorney properly draft a prenup is the best way to ensure a court will uphold it.

How to Challenge a Prenup

While a valid prenup is legally binding, there are some situations where all or part of it may be challenged. If any of the circumstances listed above apply, you may have a solid case to challenge a prenup.

Speak with a family law attorney in Lake County for a careful review of your case and advice regarding your rights and options to challenge a prenup.

Can a Prenup Prevent Alimony Payments?

Yes. A prenuptial agreement allows couples to determine certain financial matters in the event of a divorce, including alimony (also known as spousal support or maintenance).

A well-drafted prenuptial agreement can outline the terms and conditions under which alimony may be paid or waived. For example, the agreement might specify a predetermined amount of alimony or limit the duration of alimony payments. It could also include provisions that waive alimony altogether.

Should I Hire an Attorney?

Hiring an independent attorney to represent you in negotiating and drafting your prenuptial agreement is absolutely crucial. An experienced family lawyer will advocate solely for your best interests. They will ensure you fully understand the contract terms and help you create a prenup that will hold up in court. Failure to have proper legal counsel could result in the agreement being deemed invalid if challenged by your spouse.

If your partner asks you to sign a prenup, a family law attorney can review the document with you and address your questions and concerns. A lawyer can also advocate for your rights and interests. They can facilitate negotiations with your partner and help ensure the prenup considers your best interests as well.

Postnuptial Agreements in Lake County

Having a prenup can protect both parties in a divorce, but what about after the wedding? What if you’ve already married your spouse but want to protect yourself if you should divorce? Enter postnuptial agreements.

What Is a Postnuptial Agreement?

A postnuptial agreement (postnup) is similar to a prenup, except that it is executed after the couple is already legally married.

Here’s why spouses may opt for a postnuptial agreement:

● Failure to complete a prenuptial agreement

● Changes in financial circumstances like an inheritance or new business venture

● Wanting to override state laws regarding property division and spousal support

● Planning for the potential of divorce before it happens

Just like with prenups, you need an experienced family law attorney to draft a postnup, and the same rules apply as far as validity and enforceability. That is, it must be fair, involve full disclosure, and the parties must execute it properly under state laws. Additionally, both parties must be of sound mind and enter the agreement voluntarily, without fraud or coercion.

Protecting Your Interests Before and After Marriage in Lake County, IL

If you’re considering a prenuptial or postnuptial agreement in Lake County, IL, the family law team at Manassa Law P.C. has the experience and dedication needed to preserve what’s most important to you. We take great care to write or negotiate comprehensive, unbiased, sensitive agreements that will stand up to any legal challenges.

Let us provide the peace of mind and assurance of protecting your financial future, no matter what lies ahead.

Call us today at (847) 221-5511 or contact us online to request a complimentary consultation.