When Can I Get a Postnuptial Agreement?

 Posted on January 22, 2024 in Divorce

Kane County postnuptial agreement lawyersWhile many individuals and families are familiar with prenuptial agreements, postnuptial agreements are not quite as well-known. These agreements are made after marriage and can be utilized to create agreements about important things such as finances when one partner dies or the division of property and assets during a divorce. An Illinois postnuptial agreement lawyer can help you understand these essential legal documents more.

What Can My Illinois Postnuptial Agreement Contain?

Postnuptial agreements in Illinois generally adhere to the Illinois Marriage and Dissolution of Marriage Act guidelines. This act defines marital property and marital assets, among other items that might be of concern in a postnuptial agreement.

Your Illinois postnuptial agreement can be agreed upon and signed any time after your marriage, even if you and your spouse decide to create one year down the road. Your postnuptial agreement might contain details such as:

  • Division of property during a divorce
  • Division of finances, assets, or debt
  • Estate planning details in the case of a spouse’s death
  • General divorce agreements

Both parties must be on the same page and work with a legal professional to create a postnuptial agreement, or this agreement might not hold up in court. Postnuptial agreements that were not signed voluntarily or contain unreasonable agreements are unlikely to be considered in the event of a divorce.

Do Postnuptial Agreements Help in Divorces?

Postnuptial agreements, along with prenuptial agreements, can make the divorce process smoother and less contested. When there is a postnuptial agreement, certain factors and agreements about the division of property, assets, and finances have already been made. During the divorce process, legal counsel from both sides will consult the postnuptial agreement for guidance as the spouses separate their lives.

You should note that your Illinois postnuptial agreement cannot be used to decide important things such as child support and child custody. Instead, these types of issues will be figured out during the divorce process.

Contact a Kane County, IL Postnuptial Agreement Lawyer

Whether you were just married or were married years ago and now want to explore a postnuptial agreement with your partner, an experienced St. Charles, IL postnuptial agreement attorney is essential to help you with this process. With the proper legal counsel, your postnuptial agreement will hold up in court and be an important document should a divorce or other issue occur during your marriage. Contact Shaw Sanders, P.C. at 630-584-5550 for a free consultation.

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