Aurora, IL Prenuptial Agreement Lawyers

Trusted Lawyers Helping Draft and Negotiate Prenups in Aurora, Illinois

Getting married is one of the most significant commitments you will make during your life. While your relationship with your intended spouse may be built on trust and love, it is also important to recognize that your marriage will be a legal and financial union. You may want to take steps to protect your interests during your marriage, and a prenuptial agreement can provide a practical way to define financial expectations and make sure you are prepared for the future.

At The Law Office of Matthew M. Williams, P.C., our family law attorneys help clients draft clear, enforceable prenuptial agreements that address their unique goals and concerns. Whether you are planning your first marriage or are remarrying later in life, we can help you create a prenuptial agreement that will provide you with peace of mind and protect your financial security.

When Should You Consider a Prenuptial Agreement?

Prenuptial agreements are not just for the wealthy. They can be useful for anyone who wants to establish financial boundaries and clarify expectations before getting married. You may want to consider a prenup if:

• You have significant assets, such as real estate, investment portfolios, or retirement accounts
• You own a business or have an ownership interest in a family business or partnership
• You have children from a previous marriage and wish to preserve your estate for their benefit
• You expect to receive an inheritance or substantial gifts from family members
• You or your spouse have considerable debt, and you want to make sure the other spouse is protected from being held liable for this debt
• You want to avoid the uncertainty and expense of a contested divorce

With a prenuptial agreement, you can make decisions about how financial issues will be handled during your marriage, helping you and your spouse establish expectations while working together to address your needs. You can also detail how various issues will be handled if you choose to get a divorce in the future.

What Can Be Included in a Prenuptial Agreement?

A properly drafted prenup can cover a wide range of financial matters. While Illinois law prohibits the use of prenups to address child custody or child support, an agreement can define many other aspects of a couple's financial life, including:

• Deciding whether certain assets will be classified as marital or nonmarital property
• Determining how the division of property and debts will be handled in a divorce or legal separation
• Setting terms for spousal maintenance or waiving the right to receive spousal support
• Defining rules for managing joint accounts or shared expenses during the marriage
• Making provisions for handling retirement savings and investment income
• Specifying ownership rights to a business or professional practice
• Determining how ownership of certain assets will be handled in the event of a spouse's death
• Detailing how future gifts or inheritances received during the marriage will be handled

It is particularly important to address issues such as the commingling of funds. For example, if one spouse deposits nonmarital assets into a joint account or contributes to the enhancement of a jointly owned home, the value of that contribution may become subject to division in a divorce. A well-crafted prenup can outline how these types of contributions will be treated, making sure a person will be able to retain ownership of their nonmarital assets.

Legal Requirements for Enforceability of Prenups

To be enforceable under Illinois law, a prenuptial agreement must be in writing, and it must be signed by both parties. The agreement must be entered into voluntarily. Intended spouses are required to make a full financial disclosure to each other, ensuring that they understand the income, assets, and debts of both parties. Either spouse may waive their right to receive a financial disclosure. To ensure that the rights of both parties will be protected, they should each be represented by their own attorney.

An agreement that meets all legal requirements will generally be upheld by Illinois courts. However, the court may set aside provisions it finds unjust, including in situations where the terms of an agreement are unconscionable and would put one party at a significant financial disadvantage. A prenup may also be found invalid if one party failed to disclose important financial information or if a person signed an agreement while under duress or because of coercion.

Contact Our Aurora Prenuptial Agreement Lawyers

At The Law Office of Matthew M. Williams, P.C., we work closely with clients to create prenuptial agreements that are customized to fit their specific financial situations. We guide clients through the disclosure process, identify potential areas of conflict, and anticipate how the agreement might be interpreted in the future. Where appropriate, we can work with financial advisors, estate planners, or other professionals to ensure that an agreement aligns with our client's long-term goals.

If you are preparing for marriage and want to protect your assets, clarify financial responsibilities, or simply ensure transparency between you and your future spouse, we can help you draft and negotiate a prenuptial agreement that will meet your needs. To schedule a free consultation, call 630-409-8184 or contact our Aurora, IL prenup attorneys.