The Basics of Prenuptial Agreements in Illinois

 Posted on January 24, 2025 in Prenuptial Agreements

Studies have shown that anywhere from 40 to 50 percent of marriages in the United States end in divorce. Many people view prenuptial agreements as cynical, treating them as a prediction for the end of a marriage. However, this is not necessarily true. Even if you plan to stay married until death do you part, having a plan in place does not have to drive a wedge between you and your spouse. A prenuptial or postnuptial agreement can help you account for any possibility.

If you have never drafted a prenuptial agreement before, the process can be intimidating. A family law attorney at Calabrese Associates, P.C. can walk you through the steps of drafting the document. We will make sure your premarital agreement is legally sound and enforceable in a court of law.

What a Prenup Can Do

A prenuptial agreement can let you set the terms for certain financial issues in a divorce. This can include provisions for spousal support, asset division, businesses in the marriage, life insurance policies, inheritance, wills, trusts, and more. 

Many spouses use prenuptial agreements to avoid taking on each other's debts, like credit card bills. A prenup can also specify how marital debts like a mortgage will be divided up between the parties. A family law attorney at Calabrese Associates, P.C. can explore the potential uses of a prenup with you, helping you reach a fair agreement. 

What a Prenup Cannot Do

Prenuptial agreements are strong, enforceable documents, but there are limits to the terms. Under no circumstances can a prenuptial agreement limit or adversely affect an order of child support. This is because a court of family law will always give preference to the child’s best interests, regardless of what the parents agreed upon.

According to state law, your prenup also cannot include any terms that would constitute a criminal offense. Furthermore, a prenup will not be considered valid if one party was coerced or did not enter voluntarily into the agreement. If a judge finds a prenuptial agreement to be unfair, the agreement could be nullified in court.

Why Consider a Prenup?

For many couples, a prenuptial agreement offers valuable security and peace of mind. A marriage that begins smoothly can still run into unexpected problems. If a married couple reaches a point of irreconcilable differences, then a prenup can reduce some of the stress inherent to a divorce.

A prenup may be especially useful for spouses who have substantial assets or those who run a business. Excessive back-and-forth arguments in court can put a strain on your finances and jeopardize your property rights.

Meet With a DuPage County, IL Prenuptial Agreement Lawyer

If you and your spouse are both comfortable with it, there are many advantages to signing a prenuptial agreement. At Calabrese Associates, P.C., our Naperville, IL family law attorneys can advise you when drafting a premarital agreement, making sure that your rights are protected. 

When you work with our firm, your concerns will be taken seriously. To schedule a consultation with a legal professional today, call our offices at 630-393-3111.