The role of a lawyer when preparing a prenuptial agreement in Will County is to understand what the client wants and what their goals are. It is also important to understand the reasons why the parties are considering a prenuptial agreement. With this information, a skilled prenuptial agreement lawyer can draft an agreement that protects your interests and meets your goals. Throughout the process of drafting an agreement, an attorney can advocate on your behalf to make sure you are fully informed and that the agreement is fair to you.
A person should have their attorney review their prenuptial agreement prior to signing it. There are several reasons why this is important. For example, it is important to understand what the document means before signing and an attorney can fully review the document with you help make sure you fully understand what you are agreeing to. If both parties do not fully consent to the wording in the agreement, it is not considered valid. Further one party cannot force the other party to sign an agreement they do not agree with. Therefore, it is important to make sure that both parties fully understand the document and its implications.
The will attorney will also be looking at the contents of the agreement to make sure it meets the state’s requirements and is enforceable. It is important to make sure there is nothing unconscionable or any clauses that have to do with the children, such as child support. An attorney can further explain the requirements and limitations for a valid agreement.
In terms of full disclosure, it is the job of a prenuptial agreement lawyer to ensure a client gets all the information they possibly can from the other side to understand what will happen in the event of a divorce. As stated above, if both parties do not fully understand the agreement, the agreement may not be considered valid.
In other words, if the court finds that somebody entered into a prenuptial agreement in bad faith, they are not going to honor the agreement. This can include one side withholding information about assets or misrepresenting their intentions. An attorney can further explain the role of full disclosure in drafting a prenuptial agreement.
Ultimately the parties involved approve of the prenuptial agreement. An attorney will review it, make sure it is enforceable, and explain the law involved. If the couple agrees to the terms, each party will sign it.
Once they sign it, the agreement is in effect until they decide they no longer want to be married. At that point, it will be presented to the judge, who then makes the decision as to whether to enforce the terms.
The role of an attorney in drafting a Will County prenuptial agreement is to help you understand the goals of the agreement and to advocate for your interests. The lawyer can craft language that achieves those goals and protects your interests. Get the help you need drafting your prenuptial agreement by calling Reidy Law Office LLC today.