Schaumburg Prenuptial Agreements Attorney

Skilled Cook County Prenuptial Agreement Lawyer

Prenuptial agreements, also called premarital agreements, are written contracts between two people who intend to be married. These contracts list each person's assets and debts and define each person's property rights should the marriage end in divorce or death. They may also spell out maintenance/alimony rights and obligations. The law governing prenuptial agreements varies by state. In Illinois, the Illinois Uniform Premarital Agreement Act governs these agreements. At Anderson Attorneys, P.C., we are experienced in assisting clients with drafting and negotiating effective and enforceable prenuptial agreements. We are also experienced in challenging and defending prenuptial agreements in divorce proceedings.

When You Need a Prenuptial Agreement

These days, more and more couples are choosing to obtain prenuptial agreements. It is no longer a practice reserved for the very wealthy. There are many circumstances in which a prenuptial agreement is recommended including unions involving:

• High-value assets
• Prior marriages
• Children from previous relationships
• Business interests, particularly family businesses
• Expectations of significant inheritance

In all of these situations, it is often advisable to make plans to protect financial interests immediately and into the future. Under Illinois law, all property that is acquired during a marriage is presumed to be marital property and would be subject to equitable division in a divorce. If you wish to withhold any marital property from a property settlement in a divorce, a prenuptial agreement can help protect your rights and interests.

Effective Prenuptial Agreement Litigation

A properly drafted prenuptial agreement is an enforceable contract, but there are ways to challenge a prenuptial agreement and have it set aside. In order to do so, it must be proven that the agreement was either not entered into voluntarily or that the agreement was unconscionable. If a prenuptial agreement fails to disclose the full financial assets and obligations of one party, this can sometimes be used to help invalidate a prenuptial agreement.

If you are considering entering into a prenuptial agreement or are involved in a divorce in which a prenuptial agreement is at issue, contact us at 847-850-8899 to schedule a free consultation. From our office located in Schaumburg, we serve clients throughout the Chicago area.