Tag Archives: prenuptial agreement

What Are the Benefits of a Prenuptial Agreement in Illinois?

DuPage County family law attorney for prenupsFiling for a divorce, legally referred to as a dissolution of marriage in Illinois, can be a burdensome process that requires vast amounts of time, money, and effort from both parties. Ending a marriage requires the division of property, real estate, and businesses, as well as settling issues related to custody of children. Fortunately, some of the disputes surrounding these matters can be avoided through the use of a prenuptial agreement, or prenup. Prenuptial agreements have a negative connotation in some people’s minds; however, many divorce attorneys would recommend this type of agreement for any couple planning on getting married. Taking steps to determine how assets will be divided and how other matters will be settled ahead of time could save countless hours of arguing during the stressful and emotional divorce process.

Planning Ahead

Marriage can have its ups and downs. Even during happy times, it is a good idea to plan for the worst. Making decisions on matters ahead of time can save a lot of time and frustration during an unhappy ending. Listed below are a few possible marital issues that can be addressed in a prenuptial agreement:

Protecting Your Assets

Wealth and property management can be an intricate matter that should be discussed by both parties before going into a marriage. Having a prenuptial agreement in place prior to a wedding could save someone from losing everything he or she has worked for in life in the event of a divorce. A partner may be offended when this topic is introduced, but listed below are some general suggestions on how to propose the scenario:

  • Familiarize your spouse with the topic of a premarital agreement as soon as possible.

  • Explain how a prenup would save time and frustration in case of a divorce.

  • Reference how a prenup can be good for both parties.

  • Offer to co-create the agreement to ensure both parties have a voice.

Contact a DuPage County Prenuptial Agreement Lawyer

A divorce can be difficult for many reasons, with a lot of marital issues to settle before both partners can move on. Before entering into a marriage or civil union, agreeing on certain issues beforehand is highly recommended. The dedicated attorneys at Andrew Cores Family Law Group are able to work with you and your spouse at any time to discuss your best options based on your circumstances. Our dedicated Wheaton family law attorneys can answer any questions you may have about prenups or other related legal issues. To arrange a free consultation, call our office today at 630-871-1002.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59

https://www.huffpost.com/entry/how-to-bring-up-prenup_n_5a60e0efe4b05085db606d29

 

Reasons That Your Prenuptial Agreement Might Not Be Enforceable

prenuptial agreement, Wheaton family lawyers Prenuptial agreements, also called premarital agreements or “prenups,” are beneficial legal tools couples can use to manage and protect assets. Although they are often associated with celebrity marriages, prenups are not only for the rich and famous. Anyone can benefit from the protections offered through this valuable legal tool, but those who choose to create a prenup must be sure to do it correctly. It is not uncommon for a couple to think that they have a legally-binding prenuptial agreement only to discover it is unenforceable during a divorce. There are several circumstances which can invalidate a prenuptial agreement.

Prenups Must Meet Certain Criteria to Be Legally-Binding

You may remember the outrageous comedy movie Liar Liar. In the film, Jim Carrey’s character is a divorce attorney helping a less-than-ethical client divorce her husband. Although the movie is filled with exaggerations and inaccuracies, the clip in which the client’s prenuptial agreement is found to be invalid in court is fairly realistic. The client had entered into a prenuptial agreement with her husband upon getting married, but it was discovered that she was only seventeen-years-old when she signed it. Minors cannot enter into legally-enforceable contracts such as a prenuptial agreement. So, if one or both of the individuals were under age 18 upon signing the prenuptial agreement, it will not be valid.

Both Parties Must Fully Understand and Consent to the Prenuptial Agreement

Another way a prenup can be invalidated is if it was signed under duress. If one of the spouses was coerced into signing the document against his or her will, it cannot be used to make decisions about property during a divorce. Similarly, if a spouse was not mentally coherent when signing the document due to drugs, alcohol, illness, or for any other reason, it will not be legally-enforceable. A prenup can also be invalidated if both parties did not fully read and comprehend the document. If the prenuptial agreement contains lies regarding income or debts, it can also be thrown out.

A Prenuptial Agreement Must Be Reasonable

A prenup will not be enforceable if it contains “unconscionable provisions.” Unconscionable provisions refers to rule or directions which are grossly unfair or unethical. For example, a prenup which gives all the marital assets to one spouse while assigning all the marital debt to another will probably not hold up in court.

Contact a Qualified Wheaton Lawyer for Help Drafting Your Prenuptial Agreement

The only way to be completely certain that your prenuptial agreement is legally-binding is to have it reviewed by a licensed attorney. For help drafting or modifying a prenup, contact our team of highly skilled DuPage County family law attorneys at the Andrew Cores Family Law Group. Call us at 630-871-1002 today.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59

Reasons Your Prenuptial Agreement May Be Invalid

invalid, DuPage County family law attorneyPrenuptial agreements, or “prenups” for short, are tremendously valuable legal tools that help couples planning to marry protect their assets and plan for their future. Although they have gotten a bad reputation due to outrageous celebrity marriages, prenuptial agreements can be useful to anyone getting married. Unfortunately, some people think that they have signed a legally-binding prenuptial agreement only to find out it is unenforceable during a divorce. There are several ways a prenup can be considered invalid.

A Prenup Must Meet Certain Requirements to Be Legally-Enforceable

Sometimes in movies or television, a character will scribble a contract such a prenuptial agreement on something like a napkin and it is assumed to be legally binding. Although it can be a good plot point for a fictional story, in reality, the courts only recognize prenuptial agreements which are properly constructed and executed. A prenup must be written, signed, and agreed upon by both parties.

Instances in Which Courts May Disregard a Prenuptial Agreement

There are certain circumstances which can cause a prenuptial agreement to be thrown out by the court. A prenup may be considered invalid if one or both spouses:

  • Were pressured into signing the document: If a spouse or a spouse’s family coerces the other spouse to sign the prenuptial agreement against his or her will, it may be invalidated;
  • Did not read the contents of the agreement: If one or both spouses failed to fully reiew the contract before signing it, it could be considered invalid;
  • Did not have time to think about the contract: If a spouse presents the other with a prenuptial agreement the morning of their wedding, there is not sufficient time to review its provisions adequately. A prenuptial agreement signed in haste will probably be nullified;
  • Lied about assets, income, or debts: A prenuptial agreement which has inaccurate information will not be enforceable;
  • Failed to provide necessary information: A prenuptial agreement which is incomplete may not stand up in court; or
  • Included unconscionable provisions: In order to be considered valid, a contract cannot have grossly unfair or unethical provisions. A prenuptial agreement which gives all of the marital assets to one spouse and all the debts to the other spouse, for example, would probably be set aside.

Experienced Attorneys for Premarital Agreements

Some states actually require engaged couples creating a prenuptial agreement to seek advice from separate and independent counsel. Although Illinois does not require couples to meet with an attorney, most experts agree that it is a good idea anyway. To schedule a consultation with a qualified Wheaton family law attorney from the Andrew Cores Family Law Group, call 630-871-1002 today.

 

Sources:

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59