Category Archives: Premarital Agreement

Initiating Conversations About Prenuptial AgreementsDespite the practicality of getting a prenuptial agreement, there is no avoiding that it is an awkward conversation to have with the person you plan to marry. Talking about a prenup means you are admitting the possibility that your marriage will end in divorce. It is particularly uncomfortable if you are the one who broaches the subject. Anger, distress and avoidance are all possible reactions. How you introduce the topic can determine whether you will be able to continue the conversation and create an agreement.

Framing the Conversation

Before you have your first prenup conversation, you should consider ways to present the subject that make it seem more benign. You can plan exactly what you will say to start the conversation, but everything beyond that should follow a broader outline. Sounding scripted can be off putting, and you must be flexible enough to respond to unexpected questions. You can expect that your significant other will ask why you want a prenuptial agreement. Prepare several answers that frame the idea as reasonable:

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Learning from Divorce Before RemarryingAfter finishing your divorce, you likely feel that you never want to go through that experience again. Divorce is naturally cumbersome, uncomfortable and depressing. However, many divorcees have not given up on the institution of marriage if they meet the right person. You may feel more cautious about getting married, which is actually a smart approach. Something went wrong in your first marriage, and you want to avoid making the same mistakes. Your divorce should serve as a lesson if you plan to remarry.

Be Patient

The reasons for your failed marriage should give you a better idea of the qualities you are looking for in a partner and what you want to avoid. With this profile in mind, you may feel emboldened to enter a serious relationship with the first person who checks all of those boxes. However, your first marriage taught you that it takes time to learn someone’s true nature. You likely felt that your first spouse was a perfect match before you married. Be more patient in getting to know your partner in a new relationship before entering a commitment.

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What to Consider When Making a Premarital AgreementCreating a premarital agreement is negotiating aspects of your divorce before you get married. If you have been through a divorce before, you remember how complex those negotiations were. If this is your first marriage, the process may seem overwhelming and intimidating. When thinking about your premarital agreement, it helps to remember its purpose. You and your future spouse are determining how your properties would be divided in a theoretical divorce without the animosity of the divorce clouding your judgment. When making a premarital agreement, you should anticipate financial decisions that would need to be made during a divorce.

Premarital Properties

If you divorce, your properties would be classified as either marital or nonmarital. Your marital properties would be divided equitably between the two of you, while you would keep all of your nonmarital property. Distinguishing between marital and nonmarital property becomes more difficult when spouses have been married for several years. The clearest distinction is which properties were purchased before the marriage. Your premarital agreement can identify and protect your nonmarital assets, such as:

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More Millennials Getting Prenuptial AgreementsA recent American Academy of Matrimonial Lawyers survey claims that a growing number of millennials are creating prenuptial agreements before getting married. According to the survey, 51 percent of attorneys are seeing an increase in premarital agreements by millennials, who are generally defined as people born in the 1980s and 1990s. There are numerous ways that a prenuptial agreement can benefit couples during a potential divorce, including:

Prenuptial agreements have grown more popular for couples of all ages in recent years, but researchers are particularly interested by the increase among younger couples. There are several possible reasons why millennials are embracing prenuptial agreements.

Delayed Marriage

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Premarital Agreement Can Be Ruled InvalidComing to a premarital agreement, commonly known as a prenuptial agreement, with your spouse can be a financially savvy move in case of divorce. It allows you to define several monetary and proprietary aspects of your marriage, including:

  • The rights to and division of marital property.
  • What is considered marital property.
  • The terms of spousal support payments.
  • How much marital money can be used to pay off individual debt.
  • The distribution of benefits from a life insurance policy or will.

The rules of prenuptial agreements in Illinois are outlined in the Illinois Uniform Premarital Agreement Act. Among the rules are several ways that a prenuptial agreement can become invalid. These safeguards are meant to protect a spouse in case of unfair practices by the other spouse.

Write It Down

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174


 400 S. County Farm Road, Suite 300
Wheaton, IL 60187


Our Illinois divorce 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, Crystal Lake, 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, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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