The role of a Will County postnuptial agreement attorney is to make sure they understand the documents and understand what their rights and responsibilities would be based on the documents. Schedule a consultation with a knowledgeable attorney to learn more about the postnuptial agreement process and a lawyer they can be of assistance. A lawyer can use their experience to help you create a marital agreement which is satisfactory for all parties involved.
The role of a postnuptial agreement attorney is to first determine if it makes sense to have an agreement and to explain the basic law to the parties. In Illinois, anything acquired before the marriage is considered non-marital property.
A common example might be where somebody worked as a member of a union and they had 10 years vested in their pension when they get married. They may be concerned that the marriage is starting to fall apart and they want a postnuptial agreement. The attorney has an ethical duty to explain Illinois law to them and tell them a legal agreement would just be repeating what the law already states. At the end of the day, an attorney is there to inform and educate people so that you can make a decision on your own.
The role of a postnuptial agreement lawyer when it comes to negotiation is to figure out what the person wants and how they can get that done within the law. A good negotiator can appear objective, cool, calm, and collected, and focus on the things that truly matter to the person and block out everything else. It is important to focus on what matters most to you and allow a skilled negotiator to help you get it.
There is no role for a postnuptial agreement lawyer when it comes to enforcement because that is not a legal role. A lawyer only comes in when one of the parties seeks to challenge the agreement. If the marriage breaks down and is headed towards a divorce, at that point a lawyer may have a role, depending on the person’s position and how they want to be helped.
A postnuptial agreement lawyer has to rely on the parties to provide complete disclosure of their assets. A lawyer might get an affidavit from each of the parties stating that they have fully disclosed everything they were supposed to. This would probably be made part of the agreement. That way, if someone later was found not to have been truthful, the other party would have a valid reason to undo the agreement. Disclosure is the key to a full and complete agreement.
The role of a Will County postnuptial agreement attorney when it comes to challenging the agreement is to understand what the person seeks to challenge and potentially challenging it based on that. There are often many gray areas in the law and a skilled attorney can help to exploit the holes in the agreement to the client’s current needs; however, a well-drafted agreement could prevent even the best attorneys from finding holes.
An attorney who has dealt with many marital agreements could prove to be an essential component of your postnuptial agreement. The role of a Will County postnuptial agreement attorney is to see to it that you understand what is in the agreement and that you accept the terms and conditions of the agreement. A lawyer can help you assess you and your spouse’s assets, negotiate between you, your spouse, and other attornies involved, and guide you through the marital agreement process.