Pre-Marital / Pre-Nuptial Agreements

Illinois Pre-Nuptial Agreements

DuPage County, Cook County, Will County, Kane County Illinois Family Law Attorneys

A premarital (or prenuptial) agreement is a written agreement made between two people prior to getting married. If it has been properly drafted (and each party had an attorney representing their interests at signing), a prenuptial agreement is usually enforceable in court. (Although the judge will look to see if there was any coercion or fraud during the negotiations.)

Prenuptial agreements can be valuable tools to use in estate planning-especially for couples who are blending their families. Premarital agreements can ensure that property is properly distributed to children from a prior marriage in the event one spouse dies before the other.

And of course both parties are better able to protect themselves from a protracted court battle when a premarital agreement clearly identifies how property will be divided in the event of a divorce or death of a spouse.

If you are considering a premarital agreement but have questions or concerns, contact the law office of Kathryn L. Harry & Associates, P.C. at 630-472-9400 in DuPage County, Illinois. Your initial consultation with an experienced family law attorney is free. As trial lawyers who have handled many complex divorce cases for couples who did not prepare a prenup, the attorneys at Kathryn L. Harry & Associates, P.C. can advise you on what works and what does not work in drafting such agreements.

Avoid Problems and Confusion

Your prenuptial agreement can address a number of issues, including:

• Clearly identifying non-marital property that is not subject to division
• Defining the equitable division of assets - this can include establishing timelines such that the longer the couple is married, the more assets the spouse will receive
• The provision of spousal support the event of divorce
• Providing for children of a previous marriage or relationship
• Defining which types of property will be considered marital

A living trust (also referred to as a grantor trust or AB trust), in combination with a prenuptial agreement, can allow partners to very clearly identify what is marital and what is pre-marital property.

To discuss your need for a pre-marital contract with a trusted divorce lawyer, contact the law office of Kathryn L. Harry & Associates, P.C. at 630-472-9400.