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Wheaton Prenup Lawyer

While marriage is a romantic relationship, it is also a legal contract and business agreement. Couples share each other’s assets and lives when they decide to get married. 

Prenuptial and postnuptial agreements used to be frowned upon by an overwhelming majority of people, but that has changed in recent years, especially with millennials. Society has largely altered how marriage is viewed, which has led to an increase in the number of prenups and postnups. 

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Wheaton contested prenup attorneyPrenuptial agreements are legal documents that are designed to help couples avoid contentious disagreements and extensive litigation if they decide to get a divorce. In reality, you may still need to go to court if your prenuptial agreement (or “prenup”) is contested, meaning that a spouse has challenged the terms or the validity of the agreement. It is important to understand what constitutes a valid prenuptial agreement and the potential reasons why a prenup can be found invalid, including:

1. It Is Not a Formal Document

Illinois law states that prenuptial agreements must be in writing for them to be acceptable and valid. Both parties must also sign the agreement for it to be valid. The best way to ensure that your prenuptial agreement is valid is to hire an attorney to draft the agreement for you. A skilled lawyer can ensure that your agreement meets the legal requirements for enforceability while including the terms that will provide you with the protection you need.

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DuPage County premarital agreement lawyerWhen a couple is planning to get married, the possibility of divorce is likely the last thing on their mind, and planning for what should happen if their relationship ever ends may seem distasteful. However, it is often a good idea to create a prenuptial agreement which can provide both spouses with legal and financial protections if they should ever decide to divorce. Here are some reasons that you may wish to have a prenuptial agreement before you get married:

  • Income disparity - When one spouse earns a higher income than the other, this may put the lower-earning spouse at a disadvantage if they decide to divorce. A prenuptial agreement can be used to decide whether one spouse will pay spousal maintenance (alimony) to the other if their marriage ends.
  • Ownership of assets - The property that a person owns prior to getting married is considered non-marital property that is not subject to equitable division between spouses during divorce. However, marital and non-marital property can often become commingled, making it difficult to determine what should be divided between divorcing spouses. A premarital agreement can be used to specify how ownership of certain assets will be handled during divorce.
  • Significant debt - If either spouse has a large amount of debt when they are getting married, a prenuptial agreement may specify that the other spouse will not be responsible for paying any of this debt after divorce.
  • Business interests - A business owner will want to ensure that they will be able to continue operating their business, no matter what happens during their marriage or divorce. A premarital agreement can determine how business ownership will be handled if the marriage ends.
  • Blended families - Spouses who have children from a previous relationship will want to be sure their children are provided for. In these cases, they may use a prenuptial agreement to safeguard certain assets and ensure that they are used to support their children.
  • Inheritances - If either spouse expects to receive an inheritance from a family member during the course of their marriage, they may use a premarital agreement to protect inherited assets from division during divorce.
  • Reputation - In today’s connected world, information posted online can have consequences to someone’s personal life and career. Spouses may wish to use a prenuptial agreement protect their reputation by stating that they are not allowed to post disparaging comments, pictures, or videos about each other on social media.

Contact a DuPage County Family Law Attorney

If you are planning to get married, and you have concerns about what will happen if you ever get divorced, the attorneys of Anderson & Associates, P.C. can help you create a prenuptial agreement that protects your rights and financial interests. Contact a Wheaton prenuptial agreement lawyer at 630-653-9400 to schedule a free consultation.

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Wheaton prenuptial agreement lawyerWhen a couple decides to get married, they will be uniting their lives and forming a legal partnership. Unfortunately, as statistics show, nearly half of marriages end in divorce in the United States. There are a variety of reasons for this, but since the possibility of divorce exists, couples can take steps to protect themselves by educating themselves about the law and planning for both a successful marriage and a potential divorce. Before getting married, they should be sure to address the following issues:

  1. Finances - How will income and expenses be shared after getting married? Does either spouse have significant debt? Will the spouses share bank accounts and credit cards? It is important for both spouses to be on the same page about their budget, their spending habits, and their financial goals, ensuring that they do not encounter any surprises after getting married.
  1. Property ownership - Does either spouse own valuable property or have significant financial assets? Will the couple be living in a home previously owned by one spouse? Does either spouse have ownership interests in a business? Spouses should be clear about what they own, how ownership of property will be handled going forward, and what will happen to this property if their relationship ever ends.
  1. Estate planning - After getting married, will the spouses’ wills need to be updated? Do they plan to give each other power of attorney? Do they have methods in place to protect their assets near the end of their life? Does either spouse need to put provisions in place to provide for children from a previous relationship? Couples should make sure they have addressed these issues and understand each other’s wishes regarding their estate.
  1. Prenuptial agreement - While planning for divorce before getting married may not be very romantic, having an agreement in place for how things can be handled if the relationship ends can alleviate a great deal of stress. Premarital agreements can be especially helpful for spouses who own a business, bring significant assets into a marriage, or want to ensure that their children will have financial resources no matter what happens in the future.

Contact a DuPage County Family Law Attorney

If you have any questions about the legal issues that you should consider before you get married, or if you want to make sure your family will have legal and financial protections in the future, the skilled attorneys of Anderson & Associates, P.C. can help you meet your legal requirements and protect your rights and interests. Contact our Wheaton family law firm at 630-653-9400 to schedule a free consultation.

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Wheaton family law attorneys, divorced parents, premarital counseling, prenuptial agreement, remarriageIf your marriage has ended in divorce, you have likely gone through some difficulty as you worked to separate your life, your finances, your possessions, and your living arrangements from your ex-spouse. Life goes on, however, and before you know it, you may meet someone new and consider getting married a second time.

But before you jump into a new commitment, you should be aware that second marriages are even more likely to end in divorce. In order to avoid repeating your mistakes (or making some new ones), consider five things before getting remarried:

  1. Take your time - It can be easy to rush into a new relationship after the heartbreak of divorce. However, it is best to make sure you have fully recovered and are viewing your situation with clear eyes. Be sure you are ready to make a commitment to your new partner, and take the time to build a good foundation for your relationship and manage your expectations for your life together.

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