What is the purpose of a postnuptial agreement?

A postnuptial agreement establishes the rights and property division decisions of a currently married couple in the event that the spouses divorce or one spouse dies. This legal contract protects spouses’ financial interests. In the event that the couple does get divorced, the blueprint for property division established by the postnuptial agreement can help make the divorce process go faster, more smoothly, and with less expense. Rather than having to hash out disputes over property division in mediation, collaborative law, negotiated settlements, or divorce litigation, the couple, with the assistance of their attorneys, can focus on dividing property according to the agreement and moving the process forward with less legal stress.

Are postnuptial agreements legally binding in Illinois?

A valid postnuptial agreement is legally binding in Illinois. Like prenuptial agreements, postnuptial agreements can even take precedence over Illinois state laws regarding divorce and marital property. However, if a postnuptial agreement is challenged and found to be invalid or unenforceable for any reason, it may not be legally binding or upheld by the court. That’s why couples seeking the protection offered by a postnuptial agreement should always consult an experienced attorney for assistance.

What voids a postnuptial agreement?

A postnuptial agreement will be determined invalid and unenforceable if one spouse uses any form of coercion or deception to get the other spouse to sign the agreement. This includes threats, physical force, or fraudulently representing the nature or value of assets. Additionally, in Illinois, a court may choose not to uphold a postnuptial agreement that is considered unconscionably unfair to one party when considering all of the facts and circumstances. The possibility that one spouse could later challenge the postnup agreement or that the court could refuse to uphold its terms make it essential that the contract is written correctly, comprehensively, and in full accordance with state law in the first place. Only a seasoned family law attorney should be trusted with the significant task of writing your postnuptial agreement for you.

How long after marriage can you do a postnuptial agreement?

While a prenuptial agreement must be made before the marriage, a postnuptial agreement can be written at any time during the marriage. Often, married couples decide to write a postnuptial agreement when their financial or relationship circumstances change in some way that draws their attention to the importance of protecting their individual property and assets.

Bannockburn Postnuptial Agreement Lawyer | Postnup Attorney Lake County, IL

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While prenuptial agreements made before marriage are widely known, lesser-known postnuptial agreements can serve a valuable purpose when already married couples encounter changing circumstances. A Bannockburn postnuptial agreement lawyer can help you determine if this type of marital contract could be beneficial for you and your spouse.

For decades, families have turned to the Katz, Goldstein & Warren Law Firm for assistance with all matters of family law, including postnuptial and prenuptial agreements. To discuss postnuptial agreement benefits and options with a knowledgeable postnup attorney in Lake County, IL, contact us today.

Postnuptial Agreements in Bannockburn, Illinois

A postnuptial agreement is a legal agreement between two spouses after they are married. In Illinois, postnuptial agreements can establish a variety of decisions pertaining to the division of property in the event that the marriage ends in divorce, one spouse dies, or another agreed-upon time or event occurs. A postnuptial agreement might establish:

How the married spouses want marital property and assets distributed in the event of a divorce
Whether, in what amount, and for how long one spouse will provide maintenance or alimony payments to the other spouse if they divorce
How any debts may be divided in the event of a divorce

Illinois courts will generally follow the terms of postnuptial agreements and even give the terms of these contracts precedence over state law so long as the agreement is considered valid and enforceable. To ensure your postnuptial agreement is valid, turn to a postnup attorney in Lake County, IL, to draft it for you and cover all of your bases.

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When Might Married Couples Need a Postnuptial Agreement?

Married couples might consider getting a prenuptial agreement for a number of different reasons. When one or both spouses have concerns over protecting assets and property, a postnuptial agreement can offer peace of mind while allowing the couple to remain married.

Postnuptial agreements can provide for both spouses’ rights not only at the moment but also as they pertain to potential future events and property interests that may arise between the parties.

Some scenarios in which a couple may find it useful to have a Bannockburn postnuptial agreement lawyer draw up a contract for them include:

One spouse receives or expects to receive a large inheritance from a family member and wishes to ensure, in writing, that the inheritance and any interest or gains on it acquired during the marriage won’t be considered marital property.
One spouse stops working outside the home to become a stay-at-home parent, impairing their own career and earning potential, so a postnuptial agreement specifies that they would receive a greater portion of marital property and/or spousal maintenance payments in the event of a divorce.
One spouse is a business owner and wants to ensure the business is a separate property rather than marital property by establishing such through a postnuptial agreement, which might potentially award the other spouse a greater division of marital property in exchange. Such a move might also protect the other spouse from becoming responsible for any business debt that results out of their spouse’s business venture.
A couple is facing relationship issues, and putting terms of property division in writing can ease one or both spouses’ minds so that they can focus on salvaging or rebuilding the relationship when doing so seems like the best course of action.

The potential reasons couples may choose to explore postnuptial agreements are as varied as the assets they wish to protect and the priorities they intend to put in writing through this contract. If for any reason you and your spouse find it important to establish, in a written and legally binding contract, provisions for property distribution, having a knowledgeable postnup attorney in Lake County, IL, offering professional advice and guiding you through the process is invaluable.

How the Katz, Goldstein & Warren Law Firm Can Help

The family law attorneys at the Katz, Goldstein & Warren Law Firm are prepared to provide advice and draft a customized postnuptial agreement that can successfully meet your and your spouse’s goals.

Attempting to write your own postnuptial agreement could be a big mistake. Without professional knowledge of the legal process, you’re likely to find that this agreement doesn’t fully cover the nuances of your situation. It may not even be valid and enforceable under Illinois law. Rather than risking the consequences of writing your postnuptial agreement yourself and learning, too late, that it doesn’t protect you as you thought it would, you should hire an experienced Bannockburn postnuptial agreement lawyer.

At the Katz, Goldstein & Warren Law Firm, our goal is to craft postnuptial agreements that are legally enforceable and uphold our clients’ priorities. Our approach to postnup contracts includes:

Advising you on what matters a postnuptial agreement can and cannot address and helping you explore your options
Understanding your unique family circumstances and priorities and developing a custom-tailored contract that reflects your needs
Drawing on our decades of experience practicing family law to help you understand the implications and nuances of a postnuptial agreement

From start to finish, you can count on your Bannockburn postnuptial agreement lawyer to guide you through the process of creating the postnup contract your family needs.

Why Choose the Katz, Goldstein & Warren Law Firm?

To ensure your postnup contract protects your interests and meets your family’s needs, turn to a trusted Bannockburn postnuptial agreement lawyer at the Katz, Goldstein & Warren Law Firm. We bring to every family law matter:

A compassionate approach: We know that postnups and property division discussions can be sensitive matters. When you’re entrusting us with the protection of your assets and the planning of your family’s future, we’ll take on that responsibility with the utmost professionalism, understanding, and dedication to the privacy and dignity of your marriage.
A commitment to your priorities: Your postnuptial agreement needs to protect whatever is most important to you. We craft contracts personalized to your needs and top priorities.
Decades of family law experience: The Katz, Goldstein & Warren Law Firm has served families throughout Northeastern Illinois for more than 25 years. We can help you explore all of the options available to you through a postnuptial agreement and provide the benefit of our extensive professional experience.

Contact a Bannockburn Postnuptial Agreement Lawyer Today at the Katz, Goldstein & Warren Law Firm for an Initial Consultation

When concerns over marital property and asset protection keep you up at night and disrupt your relationship, a professionally written postnuptial agreement can give you and your spouse the confidence to move forward.

For help from a postnup attorney in Lake County, IL, contact the Katz, Goldstein & Warren Law Firm online or call us today.

Bannockburn Postnuptial Agreement Lawyer