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Protecting
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St. Charles Pre and Postnuptial Agreements Lawyers
Pre and Postnuptial Agreements Lawyers Serving Kane County
Once used almost exclusively by the wealthy elite, prenuptial and postnuptial agreements have become popular with a wide range of people in the last several decades. These documents allow couples to make decisions about what will happen to their assets should their marriage end in divorce, separation, or death. Prenuptial agreements are executed prior to the marriage, and postnuptial agreements are executed during the marriage. With a legal agreement in place, all parties understand their rights, which can offer many couples peace of mind.
At the Kane County family law firm of Goostree Law Group, we are experienced in negotiating and drafting prenuptial and postnuptial agreements. We seek to protect our clients' interests and ensure that their agreements are fully valid and enforceable.
Personalized Prenuptial and Postnuptial Agreements in Kane County
No marriage exactly resembles another. As such, each prenuptial and postnuptial agreement must be drafted specifically to suit the needs and circumstances of the couple it protects. There are many different clauses that can be including in these agreements, such as:
- Defining marital and non-marital property – A marital agreement provides guidance in specifically listing what would and would not be subject to property division in a divorce. In many cases, couples use prenups to exclude family businesses and business interests from marital property, for example.
- Planning for how assets will be distributed – When a prenup or postnup agreement is drafted, it details which specific assets will go to which spouse. This can include complex calculations regarding real estate assets or retirement funds, and it can help couples avoid disagreements when addressing these issues in a potential divorce.
- Outlining alimony/maintenance amounts and timelines – Martial agreements often determine which spouse will receive maintenance, at what amount, and for how long. A prenuptial agreement may tie the amount of maintenance to the duration of the marriage.
- Spelling out inheritance rights – A marital agreement may also outline certain assets that will be set aside for children from a previous relationship.
Many people choose to obtain a prenuptial agreement when there is a significant gap in the net worth of the two parties. They are also popular among those who have been divorced before or who have children from previous relationships that they wish to protect. Negotiating these matters when both parties are able to cooperate is much easier than hashing them out in a divorce when hard feelings are in the way. Prenuptial and postnuptial agreements can save a couple a lot of time, expense, and aggravation should a divorce become necessary.
Illinois Prenuptial and Postnuptial Litigation
It is possible to successfully challenge the validity of a prenuptial or postnuptial agreement. If the agreement was signed under duress, for example, it may be challenged. Our attorneys are skilled in handling litigation involving prenuptial and postnuptial agreements from both sides. We know how to successfully challenge these agreements as well as how to effectively defend their validity.
Pre and Postnuptial Agreement FAQs
Answer: A prenuptial agreement is a legal document signed by a couple before their marriage that outlines how the division of assets and other financial issues will be handled in case of a divorce or separation. In Illinois, these agreements must be in writing and signed by both parties. They typically cover property ownership, debt allocation, and spousal support. To be enforceable, the agreement must be fair and not signed under duress. A prenup can provide a couple with clarity and security regarding their financial future.
Answer: A prenuptial agreement is a legal contract created before marriage. In contrast, a postnuptial agreement is established after the couple is married and serves similar purposes, but it may address changes in circumstances or financial situations that arise during the marriage. Both types of agreements must be in writing and signed by both parties to be enforceable, and certain other legal requirements will also need to be met.
Answer: A prenuptial agreement can protect your assets by clearly outlining how property will be divided in the event of divorce or separation. It allows you to define separate and marital property, helping to ensure that individual assets acquired prior to your marriage will be protected. By establishing terms regarding asset distribution, responsibility for debts, and spousal support, a well-crafted prenuptial agreement can offer legal clarity, reducing potential conflicts and providing peace of mind for both parties.
Answer: While there is no law requiring legal assistance in drafting a prenup, having a lawyer is strongly recommended. An attorney can ensure that the document is legally sound and enforceable. They provide guidance in navigating state laws, which can be confusing for people who do not have legal training. Attorneys can also help reduce the risk of future disputes while enhancing clarity and fairness in the agreement.
Answer: In Illinois, a prenuptial agreement must meet several legal requirements. Both parties must enter the agreement voluntarily, without coercion. Both parties must openly and honestly share information about their financial situation, which is important to understand the financial implications of what they are signing. The agreement must also be in writing and signed by both parties. It is advisable for each party to have an independent attorney to make sure their interests are protected and ensure that the agreement is enforceable and complies fully with Illinois law.
Answer: Yes, a prenuptial agreement can be challenged under certain circumstances. Common grounds for challenge include lack of voluntary agreement, failure to disclose assets, or terms that are deemed unconscionable. If one party was coerced or did not fully understand the agreement before signing it, it may be invalidated. Courts will assess the fairness of an agreement and the circumstances surrounding its signing to determine its enforceability.
Answer: While the overall cost ultimately depends on the document's complexity, the fees involved in creating a prenup or postnup may range from several hundred to several thousand dollars. The attorney's experience and the time required to draft an agreement and negotiate terms can also affect the costs.
Answer: It is advisable to sign a prenuptial agreement at least a few weeks before marriage. This allows the parties ample time to negotiate terms without pressure. Signing too close to the wedding date may raise concerns about involuntary consent or coercion, which may lead to disputes about the agreement's validity in a potential divorce.
Answer: In Illinois, a prenuptial agreement cannot include provisions regarding child custody or child support, as these matters are determined based on the best interests of the child at the time of a couple’s divorce or separation. Additionally, agreements that promote illegal activity or violate public policy are unenforceable. Personal matters, such as lifestyle choices or infidelity clauses, may also be considered unenforceable if they encourage divorce. It is important to ensure that an agreement is fair and reasonable so that it will be considered valid.
Answer: Yes, a prenuptial agreement can address future inheritances. Couples can specify how any inherited assets will be treated if they are received by either party during the marriage. However, it is essential to be clear and specific in the agreement to avoid potential disputes later on. Legal advice is recommended to ensure that the agreement complies with Illinois law and protects the interests of both parties regarding future inheritances.
Contact Our St. Charles Prenuptial Agreement Lawyers
If you are interested in obtaining a prenuptial or postnuptial agreement, or if you are involved in a dispute involving a marital agreement during your divorce, contact us at 630-584-4800 to schedule a free consultation. We will explain your legal options and requirements. We work with clients throughout Kane County and Northern Illinois.
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Through the Goostree Law Group Bright Futures Scholarship, we provide help to college students with a demonstrated financial need who have shown a passion for leadership and a drive to achieve academic success. We encourage you to apply for our scholarship so that we can help you pursue your goals.
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If you are in need of experienced and skillful divorce or family law representation, contact us at 630-584-4800 to schedule a free consultation.
We will explain what you can expect from the legal process and work with you to plan a strategy for success. We work with clients throughout Northern Illinois including Kane County and the surrounding areas.
High Asset
Divorce
Couples that have a high net worth may need to address multiple types of complex financial issues during the divorce process. We can assist with the valuation of business assets, protecting professional practices, uncovering hidden assets, appraising real estate and other valuable assets, protecting investments, and other concerns that may affect these cases.
Divorce Over 50
The divorce rate for couples over age 50 has more than doubled in recent years. This can be attributed to several factors, not the least of which is the desire to live an emotionally happy and satisfying life. With children grown and the number of years ahead of major concern, many older couples are choosing to go their separate ways. Called "gray divorce", these cases have issues that are very different from younger couples. With more years together, there are often more complex assets including businesses and real estate, to divide.
A "gray divorce" may involve assets, including businesses and real estate. One or both spouses may be close to retirement, impacting spousal maintenance and other financial concerns. There may also be health issues to take into consideration. At Goostree Law Group, we can help you address divorce-related issues as you near your retirement years.
Always Keeping
Your Child's Best
Interest in Mind
At Goostree Law Group, we understand the emotional turmoil that comes with any family law issue involving children. While most parents try to protect their children and want the best for them, it can become difficult when opposing parties have different agendas.
Our experienced attorneys care deeply about our clients and their children. We will attempt to minimize conflict when possible but seek solutions in the courtroom when necessary. If you have an issue related to children including support, parenting time or parental decision making, we can help address:
- Child Support including deviations, special needs, enforcement and extra-curricular expenses;
- Child Custody and the Allocation of Parental Responsibilities including divorce decrees finalized under previous laws;
- Parenting Time and Visitation including restricted or supervised;
- Severing Parental Rights; and
- Relocation of the Custodial Parent including out of state removals.
While we strive to negotiate a favorable settlement for our clients in every case we take, we are always prepared to go to trial if negotiations fail. As strong litigators, we know how to effectively present our clients’ case to a judge.
Family Law
Beyond Divorce
If you are not yet ready to legally terminate your marriage, you may opt for a legal separation while remaining legally married to your spouse. If you are an unmarried parent, you may need to establish paternity for your child. Family law also includes the preparation of prenuptial and postnuptial agreements, which have become more and more commonplace in the world of marrying later, wealth accumulation, and multiple marriages.
The attorneys at Goostree Law Group have over 80 years of combined experience in the practice of family law. We represent parents seeking to establish paternity in order to receive support or to enjoy time with their child. We assist same-sex couples seeking to divorce and establish the division of assets from years of accumulation prior to legal marriage. And, we seek to protect our clients and their families from domestic violence through orders of protection. If you have a family law matter that needs legal guidance, contact Goostree Law Group today.
“...In the midst of the drama inherent in any divorce, I knew Goostree was an anchor that I could count on for advice...”
High Conflict Divorce Issues
While some divorces are able to be resolved amicably, many are not. A variety of issues can lead to high conflict divorce situations including cheating, financial dishonesty, mental health problems, anger issues, and addiction. At Goostree Law Group, we are prepared to seek orders of protection against stalking and harassing behavior, as well as defend against false allegations.
Enforcement & Modifications
Once a divorce is final, most people hope to move on with their lives without the need for attorneys and judges. Unfortunately, many divorces require legal intervention after the initial decree is final. Whether you have issues related to changes in circumstances, non-payment of support or parental conflicts, Goostree Law Group can help keep you moving forward.
From Our Clients
Tricia has been invaluable in helping resolve my post-divorce custody issues. She navigated tough situations and got fantastic results...
Michael Ritacco via Google
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630-584-4800
555 S. Randall Road, Suite 200
St. Charles, IL 60174
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