What Can Be Included In a Prenuptial Agreement? 

 Posted on March 10, 2023 in DuPage County Divorce Attorneys

A prenuptial agreement is an agreement that two spouses make before marriage. The agreement details how the spouses will handle their assets, debts, or other finances if the couple divorces or a spouse passes away and will go into effect when the couple gets married. 

While many people assume that prenuptial agreements can lead to complications within their marriage, they actually can do the opposite, creating an arrangement that removes any potential doubt parties may have regarding their financial interests in the case of a divorce.

There are several reasons why a couple may decide to get a prenuptial agreement. Some examples are children from a past marriage or just wanting to protect their personal assets or future inheritance. The prenuptial agreement must be in writing, agreed upon, and signed by both spouses. A court will typically enforce most prenuptial agreements, except for the few exceptions under certain circumstances, especially if the agreement seems grossly unfair or assets are distributed unjustly. 

What Does a Prenuptial Agreement Cover?

Spouses can change any elements within their prenuptial agreement after getting married. Both parties must write, sign, and agree to any changes. And if the couple wants to, they may also revoke their agreement altogether if that is what they want, writing out why it is believed they should withdraw it. 

Most prenuptial agreements in Illinois answer questions such as: 

• Who would potentially pay for alimony, and how much and how long would they be paying it for? 

• Who gets ownership of which properties?

• Who has the right to sell or manage specific properties? 

• How will business interests or professional practices be dealt with during a divorce? 

• What is marital property and what is non-marital property? 

Contact a Wheaton, IL, Prenuptial Attorney 

If you and your spouse are considering working out a prenuptial agreement, getting assistance from an experienced DuPage County prenuptial attorney can help create an enforceable and agreeable contract. Contact us at Andrew Cores Family Law Group or call us at 630-871-1002 for a free consultation today. 

Source: 

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