Postnuptial Agreement: What It Is and Why You Need a Postnuptial Agreement Lawyer

We understand that considering a post nuptial agreement can be an emotionally charged decision. Even in the best of marriages, challenges and disagreements are bound to arise, and thinking about a postnuptial agreement can be an added stressor. However, it is important to remember that having a postnuptial agreement can provide a sense of security and clarity to you and your spouse in the event of a divorce or separation. Postnuptial agreements have been trending lately, with many celebrities and high-profile individuals opting for them. We recognize that every situation is unique, and we are here to help you navigate the process of creating a postnuptial agreement with compassion, expertise, and care.

What is a Postnuptial Agreement?

A postnuptial agreement is a legal contract between spouses that outlines how assets, debts, and other financial matters will be divided in the event of a divorce or legal separation. Unlike a prenuptial agreement, which is signed before a couple gets married, a postnuptial agreement is signed after the wedding has already taken place.

How Do Postnup and Prenup Agreements Differ?

While postnuptial and prenuptial agreements are similar in many ways, they do have some important differences in terms of when and how they are executed.

A prenuptial agreement is a contract that a couple enters into before they get married, outlining how their assets will be divided in the event of a divorce or separation. On the other hand, a postnuptial agreement is entered into after a couple is already married, but before any divorce or separation has taken place.

Some key differences between the two include:

• Timing: As mentioned, prenuptial agreements are signed before the marriage, while postnuptial agreements are signed after the marriage has already taken place. This can affect the actual agreement as prenups are often agreed upon at a typically high point in a couple’s relationship. Postnups, on the other hand, are agreed upon after the couple has been married, and certain situations or realizations relevant to the agreement may have come up that were not there before the wedding.
• Requirements: Both agreements must be in writing and signed by both parties, but prenuptial agreements are subject to the Illinois Uniform Premarital Agreement Act; whereas, postnuptial agreements are not governed by case law and not a specific statute. 
• Negotiations: With prenuptial agreements, negotiations often occur before the marriage, giving both parties ample time to negotiate and reach a mutually beneficial agreement. With postnuptial agreements, negotiations often occur during the marriage, and can be more challenging as emotions and power dynamics can come into play.
• Legal Standing: While both agreements are legal documents, postnuptial agreements can be more difficult to enforce than prenuptial agreements. This is because the court may be more skeptical of an agreement that was entered into after the marriage has already taken place, and may be more inclined to think that one party was coerced or unduly influenced into signing.

In terms of circumstances surrounding both agreements, some couples choose to get a prenuptial agreement to protect their assets and make sure that they are divided fairly in the event of a divorce. This can be particularly important if one party has significantly more assets than the other, or if one party has children from a previous relationship.

For postnuptial agreements, couples may consider getting one if they have experienced a change in circumstances during the marriage, such as a significant increase in assets, inheritance, or if they are experiencing marital problems and want to address the division of assets in the event of a divorce.

In both cases, it’s important to consult with a lawyer specializing in family and divorce law to ensure that the agreement is fair, legally binding, and enforceable.

Why Do You Need a Postnuptial Agreement Lawyer?

Can you do a postnuptial agreement without a lawyer? You can, but that doesn’t mean you should. While it may be tempting to create a postnuptial agreement using a pre-made form or template, there are many reasons why hiring a post nup lawyer is important:

• Knowledge and Expertise: A family law attorney has the knowledge and expertise needed to draft a postnuptial agreement that meets all legal requirements and protects your rights.
• Tailored to Your Specific Situation: A pre-made form or template cannot take into account the unique circumstances of your marriage. A lawyer can customize the agreement to meet your specific needs.
• Fairness and Equity: A lawyer can ensure that the agreement is fair and equitable to both parties. Without a lawyer, one spouse may unknowingly agree to terms that are not in their best interests.
• Avoiding Legal Challenges: A postnuptial agreement that is not properly drafted and executed can be challenged in court. A lawyer can help prevent legal challenges by ensuring that the agreement meets all legal requirements.

When Might You Need a Postnuptial Agreement?

There are many situations where a postnuptial agreement may be useful:

• When one spouse inherits a significant amount of money or property
• When one spouse starts a business during the marriage
• When one spouse has significant debts
• When one spouse expects to receive a large inheritance in the future
• When one spouse has a child from a previous relationship
• When one spouse has a history of financial irresponsibility
• When one spouse wants to protect assets for their children from a previous relationship
• When the couple experiences a significant change in their financial situation, such as a job loss or unexpected windfall

Postnuptial agreements can be an important tool for protecting your assets and ensuring that your rights are protected in the event of a divorce or legal separation. However, it is important to hire a lawyer who can provide you with the knowledge, expertise, and personalized attention you need to create an agreement that meets all legal requirements and protects your interests. If you are considering a postnuptial agreement in Will County, Illinois, contact the Reidy Law Office today for a free consultation.