When you are facing divorce, many questions arise. What will you do with the marital home? What will custody look like? Is spousal support part of your negotiations? All these questions, as well as many others, must be answered before the divorce can be finalized. A Mokena marital agreement lawyer could help you navigate the negotiation process during a divorce to finalize a fair marital agreement.

Sometimes also referred to as a divorce settlement agreement, a marital agreement lists the different approaches a couple will take regarding various aspects of a divorce. Courts in Mokena encourage couples to work toward establishing their own marital agreement, but also recognize this is not always possible and will intervene when necessary.

Understanding the role of a marital agreement in a marriage could help you approach the process with your Mokena family lawyer more confidently, and potentially avoid the need for a court to make important decisions for you.

Common Components of Marital Agreements

It is important to remember that each divorce is unique, and no two marital agreements will ever be exactly the same. Arriving at a successful and comprehensive marital agreement that will be accepted by the court takes time and attention to detail.

While each marital agreement has its own individual characteristics, there are common components that most agreements generally include:

  • Specifics about property division, which in Illinois must be equitable and that does not always mean equal
  • Specifics about child custody and visitation, if applicable
  • Specifics about spousal support, if applicable
  • Liability for individual and joint debts

These—as well as others not listed above—are important details that marital agreements cannot overlook without potentially serious consequences. In many cases, divorcing couples require experienced, dedicated legal assistance from a marital agreement attorney in Mokena to help make sure their rights are fully protected.

Other Uses for Marital Agreements

Marital agreements are not limited to just divorce settlement agreements. The term can also be used to refer to just about any contract within a marriage, both prenuptial and postnuptial.

These agreements can be just as consequential as a settlement agreement, providing important directives for matters such as division of property that may help streamline the divorce process if the need ever arises. They can also be important when it comes to distribution of assets upon death, as valid marital agreements often supersede the directives of an individual’s Last Will and Testament.

Experienced Mokena marital agreement lawyers understand the important role these documents can play in a marriage and other aspects of life, and could provide assistance in determining if one is right for a particular family.

Get Legal Assistance from a Qualified Mokena Marital Agreement Attorney

Experience counts when it comes to marital agreements. Some aspects are straightforward, but many others can be subjective. Skilled negotiation—combined with an in-depth understanding of your specific purposes for divorce and the various factors involved—helps create a comprehensive approach to marital agreements that may make you feel more secure in your ability to protect your rights and interests.

For questions about whether a marital agreement can meet your specific needs or what role such agreements play in the divorce process, contact a seasoned Mokena marital agreement lawyer who could work with you to address your needs.