Wheaton, IL Prenuptial and Postnuptial Agreement Lawyers

Experienced Lawyers Helping Couples in Wheaton Create Marital Agreements

The future of a marriage is often full of unknowns. Many people have reservations about signing a prenuptial or "prenup," treating it as a predictor of divorce. However, simply signing a prenup does not guarantee that you will eventually break things off with your spouse. A family law attorney in Wheaton can help you draft an effective prenuptial agreement to give you long-term peace of mind.

At Roberts PC, our attorneys have a long history of helping clients address complicated family law issues. With over four decades of experience, we can provide you with strong legal guidance while navigating concerns related to a pre- or postnuptial agreement, making sure your best interests are protected.

The Purpose of Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements provide married couples with an extra degree of security. These agreements may outline how assets will be divided in a divorce and whether or not alimony will be awarded, along with other issues related to a couple's property and finances. The only difference between these two documents is that a couple will create and sign a prenuptial agreement before they get married, and a postnuptial agreement can be established during a marriage.

There are many issues that can be addressed in a marital agreement. If you want to address concerns about ownership of the marital home, a vehicle, or other property, you can make decisions early on if you and your spouse both agree on them. You can also specify how debts will be divided, which can keep you from taking on your spouse's credit card bills, student loans, or other common marital debts.

In general, a prenup or postnup is often a preferable option when compared to resolving financial issues in court during a divorce. If these decisions are left up to a judge, they will divide your marital estate in an equitable fashion, but you might not have much say in how your assets and debts will be split. A marital agreement gives you full agency over how these financial concerns will be addressed in a potential divorce.

Limits of a Prenuptial or Postnuptial Agreement

As powerful as a marital agreement can be, there are limits to what it can do. Under Illinois law, a marital agreement cannot adversely impact a child's right to financial support, meaning that you generally cannot make decisions about child support ahead of time. Similarly, a prenup or postnup cannot include any decisions about child custody. While parents are encouraged to work together to create a parenting plan during a separation or divorce, a marital agreement cannot take precedence over a child's best interests.

It is also worth noting that a marital agreement cannot include any terms that would "violate a public policy" or "impose a criminal penalty," meaning that any illegal terms cannot be honored in a prenup.

Enforcing a Prenuptial or Postnuptial Agreement

Most marital agreements will be honored as long as a judge finds that the terms are not grossly unfair to one spouse. A marital agreement is only considered valid if both parties give their consent to the terms. It may be hard to prove that a spouse went into the agreement unwillingly, but in some cases, it may be possible to contest an agreement by arguing that a spouse was coerced.

Meet With a Wheaton, Illinois Marital Agreement Attorney

Entering into a marital agreement can be an uncomfortable subject, but when done right, a prenup or postnup can provide you and your spouse with a sense of assuredness. At Roberts PC, our attorneys have the skill and experience to help you draft a sound prenuptial or postnuptial agreement, making sure your best interests are addressed before you sign anything.

We help clients with complex divorce and family law disputes. To schedule a free consultation, call us at 630-668-4211 or reach out to us online.