call us630-584-4800

Free Consultations

Kane County family law attorney, prenups, prenuptial agreements, marriage trends, marital agreement, marriage prenup, postnuptial agreementThe number of couples entering into prenuptial agreements is trending upward in the United States. That trend correlates with consistently high divorce rates and a growing societal acceptance of such agreements. A 2010 poll revealed that 44 percent of single and 49 percent of divorced Americans believe in prenuptial agreements (colloquially known as prenups). Moreover, among the divorced, 15 percent regret not having one.

Acceptance of prenuptial agreements is spreading across cultures. For example, while prenups are not formally recognized in England or Wales, that might soon change. Divorce lawyers in those countries have reported that their clients are increasingly expressing interest in prenups. Furthermore, a government adviser recently recommended introducing a marital agreement form as part of a divorce system overhaul.

How to Execute a Prenuptial or Postnuptial Agreement

prenuptial agreement, prenup, premarital agreement, Illinois family lawyer, marriage“The Other Woman,” an upcoming Hollywood feature about infidelity, stars some of America’s most celebrated celebrities. The film’s cast includes Cameron Diaz, Leslie Mann of “This is 40” and “Knocked Up,” supermodel Kate Upton, and pop singer and rapper Nicki Minaj.

In a recent interview promoting the film and discussing its subject matter, Diaz made some controversial comments when she stated, “Everyone has been cheated on, or everyone will be cheated on.” Her remarks were taken by some to be another Hollywood denunciation of monogamous relationships. However, though Diaz has never been married and has no children, she has been involved in long-term relationships before. Now in her 40s, she says she is open to marriage. The comments also spurred discussion about changes in long-term family planning, particularly among women. Compared with past generations, many women today have chosen to start careers rather than settle down and start families. Additionally, advances in medicine have contributed to success with late pregnancies, and it is common today for women to wait until their mid 30s before thinking about having children. Ultimately, this means that many women have amassed more personal wealth and property by the time they get married. In these situations, prenuptial agreements can prove crucial. Consider Getting a Prenuptial Agreement A prenuptial agreement, or a prenup, may be the answer for people who wish to maintain their financial independence but who also want to commit to a partner in marriage. Many people already own real estate and have built significant savings by the time they decide to settle into a marriage. Others, who may be getting married for a second or third time, have now become more established in their finances, and may want to protect what they have earned. For example, when one spouse already owns a home that the new couple will move into, and that spouse wants to dedicate that home to the new family unit, an agreement could be reached where the home is to be considered marital property rather than pre-marital property. It would be divided as such in the case of a divorce. In another instance, if a spouse wants to start a business that he or she will operate independent of the other partner, then an agreement could be reached establishing the business as non-marital property. Thus, in the case of divorce, the other spouse will not be able to claim ownership. Strengthen a Prenup With Professional Legal Advice A prenuptial agreement must be in writing and signed by both parties. As with any contract, it can be voided if a court finds duress or undue influence. To ensure enforceability and to make sure you have considered all angles, it is helpful to consult with professionals who regularly deal with contracts and domestic relations. Better planning can lead to a better marriage, or a better life after marriage. Contact family attorneys at Goostree Law Group for such professional advice throughout the Chicago suburbs.

Considering Marriage? Inform Yourself

Posted on in Premarital Agreement

marriage IMAGEMarriage can be a very joyous time in the life of a couple, but it can also be an extremely stressful experience as well. There are often hundreds of decisions to consider, details to be addressed, and legal hurdles to overcome. Future couples have to address certain legal issues, such as the marriage certificate, and the determination that the future marriage is not void for any number of reasons. There is one aspect though, which couples often do not want to address: a prenuptial agreement. Considering a prenuptial agreement now can save time and inconvenience in the future.

The Prenuptial Agreement

In Illinois, 750 ILCS 10/ establishes the Illinois Uniform Premarital Agreement Act. A prenuptial agreement is your opportunity to define rights in the event of divorce or separation, and to identify your rights in the event of an untimely death. For many, acting prior to the marriage to secure these rights will promote more open discussions and full disclosure between the parties.

TheresaAccording to a report by News One, NBA icon Michael Jordan is ready to tie the knot again. He recently sent out wedding invitations for his April 27th wedding to fiancée Yvette Prieto. The invitation came with stipulations and so does the marriage itself. Guests who received the invitations also received a card that asked that they do not speak with any member of the media and that they do not divulge details of the ceremony to anyone. They are also asked to leave their cameras and phones at home because they do not want any photos taken or info sent out over social media outlets. In 2006, Michael divorced his then wife Juanita Vanoy Jordan who walked away with a $168 million settlement, the house and the kids. He apparently has asked that his new wife to be to sign a prenuptial agreement that protect him from losing his shirt in case the marriage to his 33 year old girlfriend doesn’t work out. The prenup states that they will both retain any assets that they bring into the marriage. It also states that in the event of a divorce, Prieto will walk away with a generous $1 million for every year she spends in the marriage. In addition, if the marriage lasts over 10 years, she will be given an even more generous $5 million settlement for every year of marriage to Jordan. Sources state that Prieto was reported as saying that she feels very good about her relationship with Jordan. They have reportedly been together since 2009. If you are contemplating marriage and are bringing a large amount of assets into the marriage, the smart thing to do is to have a qualified Illinois divorce attorney assist you in drafting a prenuptial agreement that will protect your finances in the case of a divorce.
Back to Top