When Is a Prenuptial Agreement a Good Idea?

 Posted on January 12, 2024 in Divorce

St. Charles divorce lawyerPrenuptial agreements are sometimes a controversial topic, but these agreements help you and your spouse decide important things before marriage. A prenuptial agreement may be utilized in the case of a divorce, and they do have some critical pros and cons to pay attention to.

An experienced Illinois divorce attorney can help you understand your prenuptial agreement in the event that you and your spouse are seeking a divorce.

What Is Included in a Prenuptial Agreement?

Prenuptial agreements are agreements that spouses make before marriage about certain assets, businesses, debts, and property. Prenuptial agreements, also known as premarital agreements under the Illinois Uniform Premarital Agreement Act, have historically been used to protect wealth. Still, they are becoming more popular for many couples wishing to agree upon finances, assets, and marital responsibilities.

A wide variety of things can be included in your prenuptial agreement. However, you cannot include items such as child support or child custody agreements. Speak with your legal counsel when creating your prenuptial agreement with your spouse if you have any concerns about what to include.

Will a Prenuptial Agreement Help During a Divorce?

Prenuptial agreements are typically referenced during divorces, especially contested divorces, as they contain agreements about how property and assets are divided. If you or your spouse want to make sure that your assets, property, and other finances or debt stay separate in the case of a divorce, a prenuptial agreement can help with this.

It is important to note that while prenuptial agreements can guide certain decisions in a divorce, courts may not always abide by them. This is especially true if one party is favored unfairly in the agreement or if the agreement violates state laws in some way. Working with an experienced lawyer while creating your prenuptial agreement is the best way to ensure it works in your favor in court.

Contact a St. Charles, IL Divorce Lawyer

Prenuptial agreements can help guide certain divorce decisions, though regardless of whether or not you have a prenuptial agreement in place, divorce can be stressful. Contact a seasoned Kane County, IL divorce attorney at Shaw Sanders, P.C. for information about your prenuptial agreement and advice on your next steps if you are pursuing a divorce. We fight for an equal outcome to your divorce and the fairest division of all property and assets possible. Call 630-584-5550 for a free consultation.

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