Kane County Prenuptial Agreement Attorneys
Kane County Pre-Marital Agreements are often referred to as Prenuptial or Antenuptial Agreements. Ante is the Latin word for "before," so ante-nuptial agreements are agreements that are entered into before the marriage. Essentially, an antenuptial agreement is a written agreement made prior to the marriage that defines the rights of the parties in the event of divorce, separation or death. Many clients agree that the best time to prepare a fair agreement protecting the rights and interests of each party is before the marriage at a time when the parties are agreeable and cooperative, rather than during a divorce when emotions and distrust prevail.
Antenuptial agreements often define nonmarital and marital property, and set forth how property will be distributed in the event of a divorce. This can provide each party some certainty and security in the event of a divorce, and can minimize issues at the time of the divorce. The agreement can also create timelines that make sense to the parties. For example, some are reluctant to marry because they have heard those sensational Hollywood stories about the couple that divorce after six months, and the misbehaving spouse received one million dollars, or permanent maintenance. In Illinois the parties may agree in an antenuptial agreement that if they divorce within one year, neither party receives maintenance, or if they divorce within five years or seven years, or any time scale that is fair to them.
Antenuptial agreements can even delineate inheritance rights. Sometimes one party is reluctant to marry because of concerns that their grown children may lose their inheritance to the new spouse. This can be resolved through a properly drafted antenuptial agreement. Agreements can set forth who gets the house, or set forth a formula for how much equity each will receive in the event of a divorce. It may account for nonmarital contributions, define equity, and plan how parties pay the mortgage.
In some agreements the parties are pleased to include a "sunset" clause. For example the agreement may become null and void after seven years, or ten years. The agreement may also contain triggering events such as the filing of a Petition for Legal Separation or Petition for Dissolution of Marriage.
If all of the requirements are not met, then the agreement may be invalid and unenforceable. At Shaw, Jacobs, Goostree & Associates, P.C., we can advise you of all of the specific requirements to make your agreement legal. Remember, the agreement cannot be rushed at the last minute before the wedding. If an agreement is signed too soon before the wedding it can be held to be invalid, so plan ahead!
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Our Illinois attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Schaumburg, and many other cities. We represent clients who are from the U.K. and from other countries as well.
Please call the divorce attorneys of Shaw, Jacobs, Goostree & Associates, P.C. at (630) 584-4800 to ask a question or set up a confidential free initial consultation regarding Illinois pre-marital agreements.