When you are looking to enter a new marriage or facing divorce at the end of one, many questions arise. What will you do with personal assets acquired prior to the marriage? How might those assets, and ones acquired during the marriage, be divided in the event the marriage ends? What might custody look like if children are involved? Is spousal support an option? All these questions, as well as many others, should be considered when drafting a marital agreement.

If you live in Will County, our skilled lawyers could assist you with drafting or reviewing a marital agreement you are considering. We know the complexities and understand the emotional component inherent in drafting any kind of marital agreement. That is why we bring knowledge and dedication to each issue we handle.

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 Will County 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 your particular situation or family.

Common Components of Marital and Separation Agreements

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

While each 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 (not necessarily 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 professionals to help make sure their rights are fully protected.

Settlement agreements in particular list the different approaches a couple will take regarding various aspects of their marriage during and after a divorce. Courts in Will County often encourage couples to work toward establishing their own agreement, but also recognize this is not always possible and will intervene when necessary.

Contact Our Marital Agreement Attorneys to Discuss Your Settlement Options

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

For questions regarding your case and options, contact a marital agreement lawyer at our firm for a free initial consultation.