For a very long time, prenuptial agreements had a reputation of being important only to celebrities with large fortunes to protect. However, recent years have seen them become much more accessible and practical for marriages of all shapes and sizes. A Mokena prenuptial agreement lawyer could help you understand more about prenuptial agreements and whether such an agreement might be right for you.
There are many reasons why people choose to sign prenuptial agreements. They can serve to protect large assets, of course, but they may also be used to iron out many legal issues that could arise between you and your spouse both during your marriage and in the event of divorce. To learn more or discuss what steps are involved, consult with a family law attorney with our firm today.
Previously, anything purchased in contemplation of marriage—such as a home or car—would qualify as marital property and therefore be subject to division in a divorce. However, changes to the law in the last several years qualify only purchases made during a marriage as marital property. This is one reason why prenuptial agreements are becoming so much more widely used.
The main goal of a premarital agreement is to determine how assets will be divided in the event of a divorce. They may also address issues like:
It is important to note that spouses cannot use a prenuptial agreement to determine terms related to child custody or child support.
While prenuptial agreements can make the divorce process easier should a marriage reach that point, they have to be enforceable in order to do so. Even when such agreements seem to comply with the law, there might be special considerations or elements within the agreement that make it unenforceable.
In order to be enforceable, prenuptial agreements need to be in writing and signed voluntarily by both parties. That means neither party can be coerced into signing the agreement or sign it under duress.
A prenuptial agreement is also less likely to be enforced if it unfairly benefits one party to the detriment of another. Additionally, part or all of a prenuptial agreement may be invalidated if certain provisions do not adhere to the law.
Because of the severity of these regulations, it may be very important to work with an experienced Mokena prenuptial agreement attorney during the drafting and review process of such an agreement. In addition to advocating for their client’s rights in prenuptial agreement process, qualified prenuptial agreement lawyers in Mokena may also help ensure the agreement adheres to the nuances of prenuptial agreement law and precedent.
Whether you are considering exploring a prenuptial agreement or actively involved in drafting one, working with an experienced prenuptial agreement attorney is often an essential part of the process. Given the matters prenuptial agreement covers, there are too many important details that risk being overlooked if you decide to navigate the process on your own—and that could compromise your rights now and in the future.
Call today to learn more about the role a Mokena prenuptial agreement lawyer could play in helping you approach prenuptial agreements with confidence.