Prenuptial Agreements
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Barrington Prenuptial Agreement Attorney

Experienced Family Law Attorney Serving Inverness, Palatine, and Throughout the Area

The Illinois Uniform Premarital Agreement Act, established in 1990, defines a prenuptial agreement as a document between two parties entering a marriage. This document details the property and assets of both and outlines how each would be allocated if the marriage were terminated. Premarital agreements must be in writing, and both parties must sign the document. The agreement takes effect once the parties are legally married.

At Joseph M. Lucas & Associates, LLC, in Barrington, Illinois, we strive to legally advocate for the financial goals and security of clients entering marriages in Illinois. With over 25 years of divorce and family law experience, we have encountered many clients who regret not taking the time for our legal team to devise a mutually acceptable Illinois premarital agreement.

What Can Be Included in a Prenup?

Prenuptial agreements allow for the following provisions to be decided regarding a marriage:

  • Rights and duties of both regarding all property regardless of how, when, or where they were obtained.
  • The rights of control and management of all property including a right to use, liquidate, sell, trade, mortgage, discard, or lease.
  • How property will be allocated in cases of dissolution, separation, or death.
  • Issues which relate to spousal support
  • Rights to create wills, trusts, or other agreements to execute provisions
  • Life insurance-related issues
  • Selection of basis for governance of the elements within the agreement
  • Other concerns, relative to legal rights or obligations.

Premarital agreements may not contain contractual provisions that would be detrimental to a child's right to support.

Making Changes or Modifications

Such agreements may be modified or terminated only with written acknowledgment by both parties. In addition, often spouses will draft such agreements during a marriage, which may be referred to as post-nuptial agreements.

Causes for Invalidity

There are several reasons that an agreement would be unenforceable, such as:

  • One party did not enter the agreement voluntarily
  • The document is deemed unconscionable:
    • A party was not provided proper disclosure of property
    • A party did not waive rights or obligations relating to disclosure
    • A party did not (or reasonably be assumed to) have knowledge of the property of the other spouse.
  • If the agreement contained provisions restricting spousal support; however, highly unforeseeable circumstances would cause the provision to subject a party to undue hardship
  • If a marriage is found to be void

Contact a Barrington Prenuptial Agreement Lawyer

Predetermining how assets and debts will be divided if your marriage is terminated may be a wise, proactive decision. At the firm of Joseph M. Lucas & Associates, LLC, we have a thorough understanding of the best practices involved in drafting premarital agreements. Those considering a prenuptial agreement should contact our office today at 847-381-8700. We serve the areas of Barrington, Inverness, Algonquin, Palatine, Cary, and all surrounding communities.

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