Why Might I Need a Prenuptial Agreement?

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Why Might I Need a Prenuptial Agreement?

No one expects their marriage to end in divorce. Couples are usually very happy together during their engagement, and the last thing they want to do is sit down and negotiate how their marital assets will be divided if they eventually decide to divorce. Yet, creating a prenuptial (or postnuptial) agreement is one of the most important legal actions a pair of newlyweds or soon-to-be-weds can take. Think of it as like a living will—you hope you never need it, but it is a good idea to have one anyway.

If you and your prospective spouse would like a prenuptial agreement, you should each work with your own independent attorney. While creating a prenuptial or postnuptial agreement is a collaborative process, you will want a lawyer looking out for just your personal interests.

What Are Some Reasons to Have a Prenuptial Agreement?

Even if you never get divorced, a prenuptial agreement can still be helpful. First, the simple fact that you and your spouse are able to sit down together and come to an agreement like this may be a great sign for your marriage. Working out a prenuptial agreement takes good communication skills and the ability to compromise. These qualities may be predictors of a strong marriage to come. It is true that many couples who sign a prenuptial or postnuptial agreement never use them, at least in a divorce proceeding.

In Illinois, a prenuptial or postnuptial agreement does not just control who gets what in a divorce. These agreements can also govern what happens to some property if the marriage lasts until one spouse passes away. Illinois prenuptial agreements can include provisions requiring one or both spouses to create a will that would roughly match the terms of the agreement. Couples can also include language in their prenuptial agreement about life insurance plans and who will benefit from them. So, even if your marriage lasts “til’ death do you part” a prenuptial agreement can still help you.

Finally, some couples might find it better for reasons unrelated to their relationship to keep some property, like small businesses or vehicles as separate property for a litany of financial or liability-related reasons. The best way to find out how a prenuptial or postnuptial agreement is to speak with a family law attorney.

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

Contact a Palatine Prenup Attorney

If you and your spouse or spouse-to-be are interested in learning more about making a prenuptial or postnuptial agreement, Reifman Law Offices can help. Attorney Arkady Reifman has been practicing family law for over 20 years and is experienced in helping couples reach legal agreements. Call a Schaumburg family law attorney. Parents often experience a lot of anxiety and stress when dealing with child custody cases. Reifman Law Offices aims to bring our clients peace of mind knowing that an experienced lawyer is fighting to protect their parent-child relationship. Call 847-229-8433 to schedule a free consultation and find out if a prenuptial agreement is right for your marriage.

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