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Category Archives: Prenuptial and Postnuptial Agreements

postnuptial agreements, DuPage County prenuptial and postnuptial agreement attorneysWhile prenuptial agreements are commonly discussed in popular culture, it is less common to hear about postnuptial agreements. Postnuptial agreements cover similar things to prenuptial agreements, but they are entered into after the marriage has already been created. It may seem strange for couples to enter into these (usually) binding agreements after they have already been married for a period of time, but there are many valid reasons why a couple may want to draw up and sign a postnuptial agreement.

If you are thinking about a postnuptial agreement it is crucial that you talk to a knowledgeable prenuptial and postnuptial agreement attorney to make sure that the agreement you devise will be upheld by the court.

Marital Wrongdoing

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What Can We Include in an Illinois Prenuptial Agreement?If you are thinking about getting married and you and your spouse are considering signing a prenuptial agreement, you may be curious as to what you can and cannot include under Illinois law. Theoretically, you can put anything you want in there, but Illinois will only recognize the parts that they allow and, depending on the circumstances, going too far afield may call the entire document into question. If you are thinking about a prenuptial agreement you should talk to a skilled prenuptial agreement attorney to make sure that the agreement will be upheld and also that your rights are protected.

Illinois Law

Prenuptial agreements in Illinois are governed under the Illinois Uniform Premarital Agreement Act. Courts often prefer prenuptial agreements because it makes property division much easier.

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DuPage County prenuptial agreement attorneys, prenuptial agreementCouples sign prenuptial agreements before marriage so they are able to determine, in advance, how assets will be divided if there is a divorce. The Illinois Uniform Premarital Agreement Act governs prenuptial agreements. Couples enter into prenuptial agreements assuming that the court will enforce them if there is a divorce. However, there are situations that make a prenuptial agreement, or some of the provisions in a prenup, invalid.

When preparing and signing a prenuptial agreement, it is important to have a knowledgeable prenuptial agreement attorney to ensure that you do not accidentally have your agreement invalidated in whole or in part. 

Duress

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DuPage County matrimonial lawyers, prenuptial agreementA prenuptial agreement, known colloquially as a “prenup”, is a legal contract between a couple before they marry. In Illinois, prenuptial agreements are governed by The Illinois Uniform Premarital Agreement Act.

A prenuptial agreement will typically set up how current and future assets will be divided in the case of a divorce. Sometimes prenuptial agreements will set up penalties and bonuses to encourage or discourage certain behavior. For example, some prenuptial agreements will include language where one person will have to pay more to the other spouse if he or she performs or fails to perform a certain action.

Conversely, some prenuptial agreements will allocate more assets to a spouse after certain milestones, like having a child or after a certain number of years of marriage. If you are thinking about a prenuptial agreement it is crucial that you talk to an experienced family law attorney who can help you examine your specific situation. However, there are some factors that you may want to consider when you are considering a prenup.

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DuPage County family law attorneys, postnuptial agreementsMost people have heard of prenuptial agreements—legal documents that a couple draws up before the wedding regarding division of assets in the case of divorce. What many people do not know is that there are also postnuptial agreements. These are similar to prenuptial agreements except they are drafted and signed after the couple is married. Postnuptial agreements are governed by the Illinois Marriage and Dissolution of Marriage Act.

Why Would I Want a Postnuptial Agreement?

Couples have several different reasons for deciding to enter into a postnup. Some couples decide to draft a post-nup when they are going through a rocky time in their marriage and want to figure out property division beforehand to get a sense of what divorce might look like. Other couples may agree that a postnup is the way to go if one of them wants to try a new business venture. Finally, some may regret not signing a prenup and therefore choose a postnup as plan B. Whatever the reason, it is important to make sure you go into the postnup with your eyes open so that you understand the legal consequences of signing one.

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Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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