Postnuptial agreements in Illinois are not as widely known or used as prenuptial agreements, but they are just as important in terms of the protection they can offer, and just as damaging when not entered into fairly.
At Fred A. Joshua P.C., our postnuptial attorneys in Cook County handle these types of Agreement. We know what red flags are, what language to use, and how to ensure our clients' interests are considered and their rights are upheld. Contact us today at 312-912-9800 to schedule a free consultation and to learn more about how a postnuptial agreement may or may not benefit you and your marriage.
Postnuptial Agreements in Illinois
A postnuptial agreement is a contract between two married people where they address what will happen to their property in the event of a divorce. Postnuptial agreements are very similar to prenuptial agreements with the major difference that they are entered into after the parties are married rather than before.
Some of the matters that may be addressed in postnuptial agreements are:
- The division of debts should the parties divorce
- How property, or assets, will be divided in case of divorce
- If/how monetary support will be provided in case of divorce
As long as the provisions are compliant with the laws of your state, most marital issues may be addressed.
Do Postnups Hold Up in Court?
Yes, postnuptial agreements can be enforceable in Illinois, but there are specific requirements that must be met for them to hold up in court. To be valid, a postnup must:
- Be in Writing: The agreement must be documented in writing.
- Voluntary Agreement: Both parties must enter into the agreement voluntarily, without coercion or undue influence.
- Full Disclosure: There should be a full and fair disclosure of assets and liabilities by both parties.
- Fair and Reasonable Terms: The terms of the agreement should be fair and reasonable at the time it was signed.
- Legal Representation: While not strictly required, having independent legal representation for both parties is advisable to ensure understanding and fairness.
If these conditions are met, a postnup is more likely to be upheld in court. However, courts will review them on a case-by-case basis, so it's important to consult with a family law attorney for specific guidance related to your situation.
Who Needs a Postnuptial Agreement in Illinois?
A postnuptial agreement is recommended for many situations, but it is especially important in the following scenarios.
Business Owners. If you own a business and want to protect its earnings, even those that have occurred during the time of the marriage, a postnuptial agreement can help.
Fear of Financial Talks. If you and your spouse were worried about discussing finances prior to your wedding day but now that you are married, you see how a mutual agreement could be beneficial, a postnuptial agreement may be the route for you.
Inheritance. If you or your spouse has received an inheritance that you don't want to be considered a joint asset, a postnuptial agreement can help keep it separate in case of divorce. Also, if you begin to see that there may be inheritance disputes between the children you each had in previous relationships, a postnuptial agreement can prevent that from happening.
Do You Need a Family Law Lawyer in Illinois for a Postnup?
In short, yes, you should have an attorney to represent you in a postnuptial agreement for several reasons:
- To be sure you are treated fairly in the agreement
- To have the agreement upheld, as a court is much more likely to say it is a valid contract if both parties were represented by counsel when they entered into it
- To be sure the terms of the agreement are something the laws in your state allow
Remember, when you hire an attorney, their job is to look out for your best interests.
Contact a Postnuptial Agreement Attorney in Cook County Today
Postnuptial agreements in Illinois do not have to be something to fear but can be something to help you and your partner prepare for the future for whatever may come. It's about being proactive with the caveat that the agreement is fair and mutually agreeable. Find out if a postnup is right for you and your unique situation and contact us today either online or at 312-912-9800. We will schedule a free consultation with our postnuptial lawyer so that you can ask your questions and enter into an agreement that makes sense to you.