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Chicago, IL Prenuptial and Postnuptial Agreements Attorney

Dedicated Cook County Attorneys for Prenups and Postnups

Creating an agreement about whose property is whose and what would happen if you got divorced might not seem like the most romantic idea, but if you and your spouse can do it, it may be a good sign. Few people who are getting married or who have already gotten married want to think about the possibility that their marriage might not last forever. However, from a practical standpoint, creating an agreement establishing separate property belonging to each of you and how you would divide shared assets if you need to is a good idea. Divorce can happen to any couple for a myriad of reasons, even to couples who care about each other.

Having this type of agreement can take a lot of stress out of your marriage, especially if you start to experience difficulties in your relationship. If you and your spouse choose to try to work things out through couples' counseling, you will not be worried about how you would support yourself or what your spouse could take if you chose to end the marriage. Having this safety net may allow you to focus on your relationship and ensure that you will stay in your marriage because you still love your spouse, not because you are afraid of what would happen to you if you got a divorce. CG Law LLC can help you prioritize both your needs and the needs of your marriage when helping you create the ideal prenuptial or postnuptial agreement.

What a Prenuptial or Postnuptial Agreement Cannot Do

Some soon-to-be-married people worry that signing a prenup could leave them with absolutely nothing in the event of a divorce. Others are worried that their spouses would use the agreement to control a future parenting plan. These manipulative uses are essentially impossible under Illinois law. Your prenup or postnup cannot:

  • Leave you empty-handed - A marital agreement that would leave one spouse destitute or reliant on public assistance is not enforceable in Illinois. These agreements are considered unconscionable.
  • Affect your child's right to child support - It is the child, not the parent, who is entitled to receive financial support from both parents. A parent cannot waive their child's right to be supported by the other parent.
  • Establish a parenting time schedule - A parenting plan cannot be predetermined. It can only be created at the time it is needed in accordance with the best interests of the child at that time.
  • Be coerced or forced - Your spouse cannot threaten or manipulate you into signing an agreement. If the court finds out that you were coerced, tricked, or threatened into signing an unfair agreement, it will not enforce the contract.

These protections exist to prevent one spouse from effectively using a prenup or postnup to keep the other trapped in a marriage they no longer want to be part of. They also ensure that spouses will be treated fairly during a divorce or separation while preventing decisions that could have a negative impact on children's best interests.

What Your Illinois Prenup or Postnup Can Do

Your prenuptial or postnuptial agreement can:

  • Establish or waive maintenance (formerly known as alimony) - You and your spouse can decide whether one of you would pay spousal support if you got divorced.
  • Create separate property - You can agree that a certain asset is only yours or only your spouse's.
  • Determine how marital assets should be divided - Your agreement can state how assets you own together should be divided up if you get divorced, so long as the agreement is not drastically unfair.
  • Require estate planning - You and your spouse may require each other to create an estate plan naming the other spouse as the primary or sole beneficiary. These plans may also ensure that children from previous relationships will be provided for.

Making a prenup or postnup can also serve as an excellent exercise in communication, assertiveness, cooperation, and compromise.

Contact a Chicago, IL Prenuptial and Postnuptial Agreements Attorney

CG Law LLC can work with you and your spouse to help you create a fair, balanced, and enforceable marital agreement. Our dedicated Cook and DuPage County prenup and postnup lawyers will strive to protect your interests at all stages in the process. Contact us at 312-884-9012 for a complimentary consultation.

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