There are several cases where you might consider performing a post-marriage contract, para. B example if you have thought about negotiating a prenuptial agreement but you do not have time left before the wedding. Rest assured that you can always negotiate reasonable terms afterwards. A prenup lawyer in Chicago, IL, can help. The Uniform Law on Prenuptial Agreements (UPAA) was drafted with the aim of standardizing the laws used by many States with respect to prenuptial or matrimonial contracts. Illinois is one of 27 states that use the UPAA, as the Illinois Legislature passed the UPAA in 1990. The Illinois version of the act was enacted as the Illinois Uniform Premarital Agreement Act. Marriage contracts in Illinois are legal documents that codify a couple`s intention before marriage. A marriage contract may contain details on any matter that is not criminal, does not affect a child`s right to maintenance and does not affect public order. Arami Law is committed to providing knowledgeable legal assistance to clients who wish to protect their assets through a marriage contract, as well as to partners who are asked by their partners to sign a marriage contract. As the name suggests, post-nuptial contracts are created after the beginning of a marriage. If married couples have concerns about finances or property protection, voluntarily entering into a prenuptial agreement can end the fears by contacting one or both spouses who threaten financial security.
Like prenuptial agreements, they can provide an opportunity to find out exactly what would happen in the event of divorce or separation and how both spouses would be able to support themselves. There are a few basic steps to follow to ensure that a prenuptial agreement is respected in case it is challenged later. Part of the Illinois UPAA deals with situations where there is a provision in the agreement that eliminates or modifies spousal support. If this has a negative effect on one of the spouses, a court may, because of “unreasonable difficulties in the face of circumstances that were not reasonably foreseeable at the time of performance of the contract, regardless of the terms of the contract, require the other party to provide assistance to the extent necessary to avoid such difficulties”. Prenuptial agreements are used for a number of reasons, not because you don`t trust your partner or think things won`t work. Maybe you have children from a previous marriage and want to protect their inheritance rights. Perhaps there are family businesses that need to be identified and protected. Or maybe you`ve worked very hard and created healthy property for yourself and want to control the outcome of a divorce. The concept of prenuptial agreement can have negative connotations.
Some mistakenly believe that by entering into a prenuptial agreement with your future spouse, you are determining the inevitability of the divorce. Some believe that the person who requests the prenup does not trust his future spouse. Whether you, your future spouse or both have questions and concerns about a prenuptial agreement, our law firm can help. Wondering what kind of person needs a prenuptial agreement? From our experience, we have found that people who enter into a second marriage (or a subsequent marriage) can achieve peace of mind through marriage contracts. Similarly, those who have significant assets, property and assets, as well as those who have children from previous marriages, can benefit from it. If you have any questions about the viability and suitability of a prenup in your life, we will be happy to tell you about your rights and possibilities. It is important to remember that a postnuptial (and conjugal) contract is a binding legal contract. You can`t just opt out once the document is signed. For this reason, an experienced prenuptial attorney in Chicago, HE should always review the agreement to make sure the terms are not unfair to you. Even if a post-marriage contract is intended to avoid litigation, one or both parties may challenge its validity in court. If the agreement is not drafted or enforced under Illinois contract law, it may be declared null and void during the divorce proceedings. At the law firm of Curtis Bennett Ross, LLC, we believe that for a couple preparing to “tie the knot,” it`s just as important, if not more so, to look beyond the wedding day and offer the same kind of consideration to prepare for the wedding itself.
For many couples, such consideration and planning can lead to the development of a marriage contract that provides long-term security and peace of mind for both parties. If you`re getting married soon, our team can help you understand how a prenuptial agreement will work for your situation. If you`re already married, it`s not too late; a marriage contract may be an appropriate alternative. Yes, there are certain circumstances in which a court may decide not to maintain part of a prenup agreement. For example, each partner may have accepted a certain amount of money for spousal support. However, if one of the people in this relationship was involved in an accident and needed more than originally to help the spouse, a court may decide to apply a higher amount of spousal support to compensate for what the injured person cannot pay. Many couples who want to sign a prenuptial agreement need additional guidance, and as experienced family law attorneys in Illinois, we help our clients make the most realistic decisions before they get married. To ensure that your prenuptial agreement complies with the laws of the State of Illinois, contact our qualified attorneys in Chicago. With over 30 years of experience in family law, Nottage and Ward, LLP, has the experience, dedication and knowledge to help you make the best decisions for you and your spouse. For more information, please call (312) 332-2915.
Under no circumstances may a marriage contract waive or affect the rights of a child. You also cannot use a prenuptial agreement to make arrangements for parental responsibility (child custody) or child support. These types of concerns need to be addressed at the time of divorce, and they cannot be made in advance. When you draft a prenuptial agreement, you and your partner sign a legal contract that can guide you in certain situations when you are married and in the event of divorce or death of one of the spouses. For example, if you`ve already been married and have common assets, or if you want to focus on protecting your finances and worry that this will become a problem in the event of divorce, a prenuptial agreement is for you. For a marriage or marriage contract to be enforceable in the future, it must be reasonably fair to both parties. Both parties should also have sufficient time to review the document with a lawyer before it is signed. If one of the terms of the agreement is found to be unscrupulous, or if one of the spouses was intentionally deceived during the drafting of the agreement, the provisions in question may be annulled by the court. Before you sign on a dotted line or rush down the aisle, ask one of our marriage contract attorneys in Chicago to help you make sure your “happy to the end of the world” moment doesn`t lead to a future “What did I think?” Contact Arami Law today for experienced assistance.
We can help you understand the realities of a prenuptial agreement instead of misunderstandings. A marriage contract is a contract between two people who are about to marry and determine how property will be distributed in the event of divorce, separation or death. It`s wise to have a prenup if you fall into one of these categories: A prenuptial agreement, also known as a prenuptial agreement, can help married couples determine the division of property and assets when a divorce takes place. These are particularly common when one or both spouses have or plan to acquire significant assets, for example by inheritance. Contrary to some beliefs, a marriage contract does not mean that the marriage is doomed to failure or that one or both spouses are not fully engaged. On the contrary, it gives security to both parties because they know what to expect when the marriage is dissolved and they know that their property and family will remain protected. Ms. O`Connor and Ms. Anixter bring more than 30 years of combined experience in family law and divorce. We know marriage and divorce like the back of our hand – from the drafting of prenuptial agreements to the final divorce judgment. These agreements do not contain provisions that undermine the basic level of support for children. If you are considering a marriage or post-marriage contract, the law firms of George J.
Skuros can help. We have over 30 years of legal experience, including in numerous divorce and family law cases. Depending on your personal situation, we advise you on the benefits of a prenup or postnup and work with you to develop a legally valid agreement in which both partners are protected. In 1990, Illinois introduced its version of the Uniform Premarital Agreement Act, which defined a prenuptial agreement as an agreement between potential spouses that was considered marriage to be effective in marriage. .