Tag Archives: prenup

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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Kane County family law attorneyWhen you were growing up, did you have fantasies about what your wedding day would look like? If you are like most people, the answer is probably yes. Once a couple gets engaged, they often spend months choosing dresses, flowers, and all of the accessories that will make their wedding perfect. With so much focus on the marriage ceremony and reception, far fewer couples spend adequate time preparing for the marital relationship itself. They tend to assume that loving one another is enough and everything else can be addressed when the time comes. Many marriages, however, are too complicated to leave to chance, and a prenuptial agreement could provide a measure of security for both spouses.

The Basics of Prenuptial Agreement

A prenuptial agreement is a type of contract between two people who are planning to marry one another. Your agreement may contain as few or as many provisions needed to address whatever concerns may be applicable to your situation. Most people think of prenuptial agreements as a form of insurance in case of divorce, and in some ways, that thought is rather accurate, but they can be used for other purposes. A prenuptial agreement can also contain terms that address each spouse’s responsibilities during the marriage as well as contingencies for the untimely death of one spouse.

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Illinois divorce attorney, Illinois family law attorneyIf you are considering getting married in the near future, you should also be considering signing a prenuptial agreement. This is especially important if you have children or any considerable assets such as a small business, real estate, or a savings. A prenuptial agreement is a document that states the terms that you will follow in the event of a divorce. It can also state how your assets are to be divided in the event of your death.

This second reason is the reason why many individuals who have children from previous relationships opt to sign prenuptial agreements – having one in place can help to ensure that your children receive the portion of your assets that you want them to receive. Talk to your fiance about drafting and signing a prenuptial agreement as you move forward with other pre-marriage decisions like whether you will have a religious wedding or a civil one, whether you plan to have children, and where you plan to live. It is important that any engaged couple come to a full understanding about where each partner stands on these “big” decisions before getting married.

Your Estate Plan

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Illinois family law attorney, Illinois divorce lawyer, prenup, Weddings typically involve a lot of planning, even when you forgo a traditional ceremony for a trip to the courthouse. However, before you make too many plans, make sure that you are eligible to marry under Illinois law, and consider a premarital agreement as well.

Here are the requirements for couples looking to marry in Illinois:

  • Both parties must be at least 18 years old;
  • If the parties are 16 or 17 years old they may obtain a marriage license with parental consent;
  • Generally, the parties cannot be blood relatives, but first cousins who are older than 50 may legally marry;
  • The parties cannot already be married to someone else (this includes being in the process of divorce); and
  • If a prior marriage or civil union has ended within the last six months, the party must provide a certified copy of the dissolution, annulment or death record.

Once it is determined that you and your fiancé can get married, you can then apply for a marriage license. Where the application should be filed depends on which county you are getting married in.

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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.
Goostree Law Group

Goostree Law Group

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St. Charles, IL 60174


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Wheaton, IL 60187


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