Table of Contents
Prenuptial Agreement Lawyers
Table of Contents
Key Takeaways
- Prenups define financial rights in divorce, covering property, income, and maintenance, but exclude child custody or support.
- Attorneys are essential for drafting, reviewing, and ensuring enforceability, with each party typically having their own representation.
- Prenups protect assets like inheritances and provide clarity, fostering trust when communicated openly.
- Postnuptial agreements are available after marriage but have stricter requirements; starting early is advised.
- Merel Family Law offers expert guidance for prenups and postnups, ensuring a smooth, transparent process.
Entering into a marriage is a significant life decision, and while it’s rooted in love and commitment, it’s also important to plan for the future. A prenuptial allows couples to define their financial rights and responsibilities in the event of a divorce. At Merel Family Law, we specialize in helping couples navigate the complexities of prenuptial agreements with clarity and confidence.
What is a Prenuptial Agreement?
A prenuptial agreement (prenup) is a type of contract that parties enter into before they are married. It is an agreement between the parties about each of their rights in the event that they decide to divorce.
- In Illinois, prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act.
- In Michigan, the Antenuptial Agreement statute and case law govern prenuptial agreements.
What is Included in a Prenuptial Agreement?
A prenup can include agreements regarding marital and non-marital property, income, maintenance (formerly known as alimony), life insurance policies, and estate planning.
What Cannot Be Included in a Prenuptial Agreement?
A prenup cannot include any provisions regarding the allocation of parental responsibilities for children (custody) or child support. The Illinois Uniform Premarital Agreement Act specifically includes that “the right of a child to support may not be adversely affected by a premarital agreement.” Even if these provisions are included in a prenup, they are not enforceable.
How Does an Attorney Assist in Setting Up a Prenuptial Agreement?
In general, there are two roles for attorneys in preparing a prenup. One attorney drafts the agreement, and the other attorney reviews and makes changes to the agreement. In this way, a prenuptial agreement is negotiated through both attorneys. Each of the parties’ attorneys will also facilitate their client’s required financial disclosures, which is required for the prenup to be enforceable.
Why Clients Partner with Merel Family Law
The attorneys at Merel Family Law are experts in the drafting and review of prenuptial and postnuptial agreements. Our clients can expect a smooth process, clear communication from their attorney, and expert advice at every step of the way.
Testimonials
“I was inquiring for a possible law firm to represent me and came upon Jonathan Merel’s Office. I was working with Marleena who has been nothing more than patient with me. From our first meeting, she explained everything to me in terms I could easily understand.” – Jon.
We Can Help with Your Chicago Prenuptial Agreement Needs
No matter the issue, we’re here for you. Contact us at (312) 408-7000 or fill out a contact form by clicking the “Schedule a Consultation” button at the top of this page. We monitor our inboxes and answer the phone 24/7 to get you the help you need, when you need it.
Frequently Asked Questions
The cost of a prenup can vary based on the complexity of your case, and whether or not your attorney is the one drafting the agreement.
Technically, no. Regardless, most attorneys have prenuptial agreements notarized. Notarization is usually provided by one of the attorneys when the prenup is signed. In some cases, parties sign a prenuptial agreement in front of a court reporter, so there is an additional record of the parties’ agreement.
Yes, but if the prenup is signed after the marriage, it is called a postnuptial agreement (postnup). There are additional requirements if the parties enter into an agreement after they are marriage. Generally, it is advisable to begin the process of preparing the prenuptial agreement months prior to the marriage. This way, both parties have sufficient time to review and revise the agreement, and it can be signed well in advance of the wedding.
No, it is a good idea to have a prenup so that both spouses are protected in the event of a divorce. Additionally, a prenup can circumvent or alter the parties’ legal rights as compared to what those rights would have been under the Illinois Marriage and Dissolution of Marriage Act. Prenups can also protect non-marital assets, such has inherited property, from being found to be marital. At the very least, a prenup can limit the issues in the event of a divorce and provide each party with a sense of security should the marriage break down.
Yes, prenups can be contested at the time one of the parties files for divorce. Prenups can also be modified or revoked after their creation. It is best to contact a qualified attorney to ensure that your prenup meets all the requirements of the Illinois Uniform Premarital Agreement Act to avoid the chances of your prenup being contested or being found to be unenforceable. With sufficient time and preparation, most of the ways that a prenup can be challenged are avoidable.
No, prenuptial agreements remain with the attorneys and the parties who signed them.
Yes, prenuptial agreements are enforceable in Illinois.
Not necessarily. If both parties communicate, and are on the same page about the prenup, it will be clear that there is no insult intended. Like an insurance policy, a prenup can protect both parties in the event of a breakdown of the marriage. If presented in this light, a prenup can be a foundation upon which both parties are going into the marriage with clear expectations.
Yes, both parties must be involved in the creation of a prenup. Each party must make a full and fair disclosure of their finances as part of the negotiation of the prenup, and this cannot happen without both parties’ participation. Without both parties’ involvement, the creation of a prenuptial agreement that is enforceable is not possible.
Written By Jonathan Merel
Jonathan Merel is an experienced attorney who advocates for his clients in all divorce and family law proceedings, including settlement negotiations and trials. Jonathan founded Merel Family Law in early 2009 after working for many years at another family law firm in Chicago.
