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Category Archives: Prenuptial and Postnuptial Agreements

Wheaton family law attorneysCouples do not typically enter a marriage with the intention of divorcing. Sadly, divorce is the path that nearly half of all couples will take. What causes them to head that direction, and how can you avoid meeting the same fate in your impending marriage? The following information examines the most common causes of divorce, as well as how to avoid them, and it explains how a seasoned family law attorney can use a prenuptial agreement to protect your finances before your marriage even starts. 

Fighting Dirty

No matter how much you love your spouse, you are not going to agree on everything. How you handle those disagreements could predict whether or not you will one day divorce. Name-calling, shaming, blaming, and other nasty fighting tactics can strip away the trust and give each of you the sense that you are no longer in a loving partnership. Over time, that can degrade your marriage to the point of divorce. If you notice that you and your spouse are starting to fight dirty, consider marriage counseling before things get worse. 

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Illinois family law attorneysDiscussing a legal document that outlines your divorce before you are even married may not seem like the most romantic move. However, experts are now encouraging couples to talk about their finances, as well as the possibility of a divorce, before they wed. Part of this is due to the increasing prevalence of divorce and second marriages among older adults, and the intentional delay of marriage among millennials. The increase in entrepreneurship and small businesses are yet another factor.

Thankfully, a prenuptial agreement can help in these situations (as well as others). Learn more in the following sections, and discover how an experienced family law attorney can help you plan for the worst possible situation without it tainting the joy of your impending marriage.

Step Out of Your Emotions

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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. 

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway
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Warrenville, IL 60555
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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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