As you make plans to spend the rest of your life with someone you love, the absolute last thing you or your future spouse wants to think about is divorce. However, it is always good to have a plan. Do not let yourself forgo preparation and protection before entering your marriage. A postnuptial agreement can allow you to protect yourself against the unknown.
Before getting married, protect yourself and your assets. An experienced Frankfort attorney can help you prepare a clear and binding postnuptial agreement. This can allow you to be protected no matter what happens. One of our family lawyers at Reidy Law Offices LLC could help you fully consider your assets to help you create a comprehensive agreement.
In Illinois, the court follows the doctrine of equitable distribution when dividing assets in a divorce. This does not mean that the court must divide properly evenly. Rather, it means the court must divide the property justly and fairly. Often, the court and the parties’ ideas of fairness do not match up. At least one, or sometimes both, parties in the divorce may walk away feeling as if the arrangement was not fair to them.
This process of division can be long and stressful and is something that most people desperately want to avoid. A prenuptial agreement can help do that by sorting these matters out beforehand so that in case of a divorce, you and your spouse already know what is going to happen. Under 750 Illinois Compiled Statutes 10/4, with a prenuptial agreement, you can protect assets such as:
This can help you feel prepared no matter what happens. Together with a Frankfort attorney, you can review the assets that are most important to you and work them into a comprehensive prenuptial agreement.
Creating a prenuptial agreement is not a process that should be rushed. You should give yourself plenty of time before entering the marriage to make sure you have ample time to work out a clear and thorough agreement. It is also important to take the time to consider all the assets you want the agreement to protect. Making sure the agreement covers all your assets can help avoid unnecessary issues down the road.
When creating an agreement, it is important to work with an experienced Frankfort prenuptial agreement lawyer to examine your assets and discuss your needs and goals. This can help you make sure that you end up with an agreement that both you and your future spouse are satisfied with.
However, if the terms of your prenuptial agreement are no longer relevant, you can modify them according to 750 ILCS 10/6. To do this, both parties must sign another agreement that either amends or completely revokes the original agreement.
Finally, it is important to make sure the agreement is fair when creating it. If a court considers it unfair or unconscionable, they may void it and refuse to enforce it. A Frankfort attorney could help you make sure that you are creating a fair prenuptial agreement that considers and protects your assets.
Approaching the topic of divorce while planning a wedding can be complicated, but it is an important step if you want to avoid complications in the future. Consult with one of our Frankfort agreement lawyers to learn more about drafting a prenuptial agreement that works for both you and your future spouse. Click here to contact our attorneys at Reidy Law Office LLC to learn more.