630-584-5550
Common Misconceptions About Prenuptial Agreements
Many people have a rough idea of what a prenuptial agreement or "prenup" is, but not everyone is privy to how they work. This leads to misconceptions being perpetuated that turn people away from drafting or signing a marital agreement with their spouses. To the contrary, a prenuptial agreement is a powerful tool that can be used to protect your and your spouse’s best interests in the event of a divorce. By working with an Illinois family law attorney, you can create a sound prenup that satisfies everyone involved.
At Shaw Sanders, P.C., we understand that getting engaged is a massive commitment. We can help you and your spouse-to-be get important terms in writing to ease your worries.
Prenups Cannot Be Modified
Some people get anxious before signing a prenuptial agreement, believing it to be a decision that cannot be changed later. While a prenuptial agreement is legally binding, it can absolutely be modified after signing. One possible way of altering a prenup is to create a new prenup, which nullifies the old one. You could also consider signing an agreement after your wedding, known as a postnuptial agreement.
Some level of caution and skepticism is healthy. Reading the fine print of a prenuptial agreement is highly advisable for protecting your rights. At Shaw Sanders, P.C., we can review your agreement to make sure it upholds your best interests.
Prenups Predict Divorce
One major source of apprehension around prenups is the belief that they always lead to divorce. This idea is only half-correct. While it is "planning for divorce" in a way, signing a prenup does not mean that your marriage will collapse. Rather, a prenup only accounts for the possibility of a divorce. And given that anywhere from 40 to 50 percent of marriages in America end in divorce, having a plan in place could be prudent.
At Shaw Sanders, P.C., we will not treat a prenup as a precursor to a divorce. Instead, we will consider your present circumstances and advise you of your options to protect your assets.
Prenups Are Only for the Wealthy
One of the more damaging myths about prenuptial agreements is that they are only practical for the upper class. This could not be any more untrue. Even if you do not consider yourself to be "rich" in the conventional sense, you can still benefit from signing a prenuptial agreement. Your prenup could include terms about separating certain marital debts, protecting your small business, or allocating spousal support.
The benefits of signing an agreement with your future spouse are not exclusive to any tax bracket. Our attorneys can advise you about what to include in your prenuptial agreement.
Meet With a St. Charles, IL Family Law Attorney
If you are considering signing a marital agreement, the best thing you can do is to get in contact with a knowledgeable legal professional. At Shaw Sanders, P.C., our Kane County, IL marital agreement lawyers can provide you with insights to look after your needs in the event of a divorce. Call our offices at 630-584-5550 to arrange a free consultation today
630-584-5550