FL_+_Tag@2x

Prenuptial Agreements in Illinois

There’s a common misconception that prenuptial agreements are only for rich people who don’t expect their marriages to last. In reality, prenuptial agreements often strengthen marriages because they provide clarity and help couples understand their mutual expectations and responsibilities.

Prenuptial agreements can be particularly helpful for individuals with obligations from prior marriages, or in situations where members of a couple are used to exercising financial independence. A family law attorney could explain some of the benefits for your particular situation, but here’s an overview of how prenuptial agreements work in Illinois.

Creating a Prenuptial Agreement

A prenuptial agreement is a contract between two people who plan to marry, and it must be in writing to be enforceable. Both spouses must sign the agreement. If the marriage never takes place, then the agreement has no effect-it only operates once the couple is married.

Before drafting the terms and signing the agreement, both parties are expected to make full financial disclosure to each other. They should discuss any debts they owe, what they receive in income from investments as well as work, and all property they own. It is possible to skip this step before creating a prenuptial agreement, but most family law attorneys in Illinois would advise clients not to and only where the parties have knowledge of each other’s assets.

The disclosure process is often one of the most valuable learning experiences shared in preparation for marriage. If one or both parties choose to waive their right to receive full financial disclosure from the other, they must put that waiver in writing as part of the agreement.

Topics That Can Be Included in a Prenuptial Agreement in Illinois

A prenuptial agreement can address how a couple will handle certain matters during the marriage, as well as what will happen when the marriage ends through death or divorce. A family law attorney could help review your circumstances and concerns and create a custom agreement to address your specific interests.

Prenuptial agreements commonly include issues such as:

  • The right to buy, sell or use certain property
  • What happens to specific property when one party dies or if the couple divorces
  • Ownership rights regarding life insurance policies
  • Creating a will or trust to carry out provisions
  • The payment of spousal maintenance if a couple divorces

Other terms may be included as well, so long as they do not violate Illinois public policy.

Issues that cannot be covered in a prenuptial agreement include those involving child custody or support for children a couple has together. These issues would be addressed at the time a couple separates or divorces, and they will be based on the best interests of the child rather than the parents’ desires.

Talk to a Family Law Attorney to Learn How a Prenuptial Agreement Could Strengthen Your Marriage

Even if divorce never enters the scene, a prenuptial agreement can have tremendous benefits for a married couple. In addition to helping couples develop a plan for their financial situation and understand their obligations, a prenuptial agreement can help protect property and reduce concerns for the future. To learn more about the benefits a prenuptial agreement could provide in your situation, contact the experienced legal advisors at Family Law Solutions, P.C. today.

Get Started.

Find out where you stand. Get a free, personalized welcome pack in minutes.

“Janet was a source of stability during a time of ultimate turbulence. Beyond the guidance and legal direction, the whole office was friendly, supportive and helped me maintain my sanity when during crazy times."

Client

“Family Law Solutions helped me through the most difficult time of my life. Being married for 44 years and 67 years old, I had no idea how to proceed with the dissolution of my marriage. Everyone I dealt with showed compassion, empathy, and professionalism. They make their clients a priority. Their fee structure is fair, reasonable, and transparent. Through their invoicing process, I always knew what my status was and how I was billed. Janet Boyle has created an exceptional team with her philosophy and her commitment to her clients."

Client

“Experienced, knowledgeable, caring and willing to fight for what is right. A premier law firm in the city of Chicago that will protect and defend your rights under the law and in the courts. Their services are second to none. I highly recommend Janet Boyle in particular!"

Client

“I came to Janet to help me through a very complex divorce about a year ago and a friend of mine told me about this site. I wanted to express my gratitude for Janet's expertise in helping me through a very trying time in my life. The words "honey badger" comes to mind when I think of Janet's demeanor in the courtroom and in negotiations with my husband's attorney. Janet and her team represented me from the beginning to the end exactly the way one could only hope for."

Client

“Janet listened carefully to me and addressed every concern and perceived problem that I thought I would encounter during the process...In conjunction with Arin in her office each time the process would get heated and emotional both Janet and Arin we able to calm the situation down with care and concern for me and ultimately we were able to settle the divorce to my complete satisfaction."

Client

“Janet Boyle did a wonderful job assessing my situation and determining the best approach to reach a settlement with my ex-husband. I appreciated her willingness to honor my request to be respectful toward my ex-husband. She accomplished that while standing firm on some very important issues."

Client

“Arin Fife and Janet Boyle are wonderful. Arin worked so hard. She was empathetic, kind, patient and the voice of reason. I grew to trust them implicitly. I would highly recommend this firm to anyone!"

Client

“During the most difficult time I've ever had in my life, Janet helped and guided me with skill and compassion. I couldn't be more happy with the job she did representing me. My case, I believe, was considerably more difficult than most cases and Janet was strong and dedicated from beginning to end. She does not bend to opposing counsel trying to take advantage or get an upper hand. Her staff is fantastic as well! My life has become much more peaceful with Janet's help. I would not hesitate to recommend Janet to anyone going down the tough road of divorce. Thank you Janet!"

Client

“Janet was a source of stability during a time of ultimate turbulence. Beyond the guidance and legal direction, the whole office was friendly, supportive and helped me maintain my sanity when during crazy times."

Client

“Christopher at Family Law Solutions continues to be an absolute pleasure to work with. Despite being in different states, Christopher clearly understood my needs and helped me through a very difficult time in my life. If it were not for him, I would not have the peace of mind I do now. His compassion and care are very evident. I wish I found Christopher at Family Law Solutions sooner and cannot thank him enough for how he helped me."

Client