The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

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Kendall County prenuptial agreement attorney

When you tell people that you and your spouse have signed a prenuptial agreement, some may react with surprise. There are many benefits to getting a prenuptial agreement before you are married, but some people still feel a negative stigma against such documents. Although you may not have imagined your marriage would end in divorce when you were drafting the prenuptial agreement, it has now come to that point. Prenuptial agreements usually dictate how certain assets and property are divided in the event of a divorce, among other issues. However, if you no longer think the agreement is fair, can you do anything about it? It is important to know your options for contesting a prenuptial or postnuptial agreement if you find yourself getting divorced. 

Examining Your Prenup

Prenuptial agreements are legally binding documents, but they can be challenged. If you believe that your prenuptial agreement is not valid, you should contact your divorce attorney right away. He or she will be able to bring your concerns to the judge and will be able to help you examine the reasons why it would be unenforceable. Once the issue is brought to the court’s attention, a judge may invalidate specific sections of the agreement or even throw out the entire agreement. Here are a few common reasons why a prenuptial agreement may be found invalid:

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,Prenuptial and postnuptial agreements have long been considered taboo or unromantic. While it is probably close to one of the most unromantic topics you could discuss, divorce is a possible reality for any married couple. Entering into a prenuptial or postnuptial agreement can help you if you do decide to get a divorce somewhere along the road. Ironically enough, these kinds of agreements can also help you during your marriage, too, which is one of the reasons why they have become more popular.

What Is a Postnuptial Agreement?

Both prenuptial and postnuptial agreements are legal documents that can outline certain things in the event that a marriage ends in divorce. Unlike prenuptial agreements, which are signed prior to the marriage, postnuptial agreements are ones that are formed and signed after a couple is already married.

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For many, a prenuptial or postnuptial agreement brings visions of greedy men trying to keep their spouses from assets they would have been entitled to if not for the ‘Prenup’.  To others, prenuptial or postnuptial agreements are something that only the ultra-rich or wealthy enter into.  The truth, however, is that divorce is becoming more commonplace and even the ordinary citizens, both men and women, can benefit from thoughtfully conceived and well-drafted prenuptial or postnuptial agreements.

 The linchpin of agreements of this nature is whether you have assets which have been accumulated solely by yourself or through an inheritance and you desire to protect them from becoming jointly held assets upon marriage.  With an agreement of this nature, you and your spouse can even decide during the course of the marriage which assets will be added or subtracted from the agreement to allow for an easier division of assets in the event of a divorce.  In addition, these agreements can establish future obligations in the event of a divorce and allow the spouses to keep their individual debts separate from one another. Prenuptial agreements in particular become more important if an individual is contemplating getting re-married, has children from a previous marriage, and wishes to ensure those assets go to the children.

Because there is often a stigma that surrounds the execution of these agreements, it is important for each spouse to openly discuss their needs and desires in connection with the dissolution of their assets should a divorce or some other untimely event arise.  Spouses should remember to view these agreements as additional estate planning tools that will afford them peace of mind that their loved ones will be protected. These agreements should no longer be viewed as a byzantine effort of men to deceive their spouses, but rather as a protective measure available to both men and women equally.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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