Aurora, IL Postnuptial Agreement Lawyers

Experienced Attorneys Helping Create Effective Postnups in Aurora, Illinois

Postnuptial agreements have become an increasingly common tool for married couples who want to clarify their financial rights and responsibilities while preserving harmony in their relationships. Whether these types of agreements are used for asset protection, estate planning, or to address other financial concerns, they can help spouses prevent conflict in the event of divorce.

At The Law Office of Matthew M. Williams, P.C., we provide experienced legal guidance for clients who are looking to create agreements that will protect their financial interests. We can help draft, review, and enforce postnuptial agreements. With more than 20 years of experience handling complex family law issues, we can help clients create legally sound agreements that will provide the protection they need.

What Is a Postnuptial Agreement?

A postnuptial agreement is a type of contract that a married couple may use to define their rights and make decisions about a potential divorce. Like a prenuptial agreement, a postnup can outline how certain financial issues will be handled if they choose to divorce. The primary difference between a prenup and a postnup is that a prenuptial agreement will be created and signed before a couple's marriage, but a postnuptial agreement can be created at any point after a couple has become legally married.

When Should a Couple Consider a Postnuptial Agreement?

There are many reasons why spouses may choose to execute a postnuptial agreement during their marriage. In some cases, the couple may have planned to create a prenuptial agreement but ran out of time before the wedding. In other situations, circumstances may have changed significantly after the marriage, prompting the need for a legal contract.

Some common reasons that a postnup may be needed include:

• A couple has experienced a significant increase in wealth, such as a business becoming profitable or an inheritance being received.
• A spouse wishes to protect their nonmarital assets from becoming part of the marital estate.
• A couple wishes to set financial expectations and define responsibilities to improve transparency in their relationship.
• The birth of children or the blending of families will require a clarification of estate planning and inheritance rights.
• A couple has experienced marital difficulties or has decided to separate, and the spouses wish to agree on the financial terms of a potential divorce.

How a Postnuptial Agreement Can Impact a Divorce

When a couple with a valid postnuptial agreement decides to divorce, the terms of the agreement will usually control how assets and debts will be divided, how spousal maintenance will be handled, and how other financial issues will be resolved. As long as the agreement was entered into voluntarily, with full financial disclosure, and is not unconscionable at the time of enforcement, Illinois courts will generally uphold it.

Key issues addressed in a postnuptial agreement may include:

• The designation of specific assets as nonmarital property
• Decisions about the division of marital property, such as the family home or retirement accounts
• Decisions about spousal support, including specifying the amount of support that will be paid or waiving a person's right to receive support
• Decisions about ownership of business interests or investment portfolios
• Provisions regarding each spouse's responsibility to repay certain debts or obligations

Having these matters resolved in advance can significantly reduce the time, stress, and cost of divorce proceedings. It may also help spouses avoid prolonged litigation and maintain a good relationship as they transition into the next phase of their lives.

Drafting a Legally Enforceable Postnuptial Agreement

Because postnuptial agreements are scrutinized carefully by the courts, they must be drafted with precision and care. Our lawyers can help clients ensure that the proper disclosures are made so that each spouse will have a full understanding of their financial situation. We will make sure all terms related to asset classification, property division, and spousal support are clearly defined.

No matter how simple or complex the marital estate may be, we will take a deliberate and thoughtful approach when drafting postnuptial agreements. Our goal is to ensure that these agreements will provide the proper protections while serving our clients' needs if they decide to divorce in the future.

Contact Our Aurora, IL Postnuptial Agreement Attorneys

If you are considering a postnuptial agreement, or if you have questions about how an existing agreement will affect your divorce, the attorneys at The Law Office of Matthew M. Williams, P.C. can answer your questions and help you determine what steps to take to resolve your legal concerns. Contact our Aurora postnup lawyers at 630-409-8184 to arrange a free consultation and learn how we can help you protect your future.