Pre-Nuptial & Post-Nuptial Agreements

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Pre-Nuptial Agreement Lawyers

Certain couples anticipating marriage seek to enter into an agreement prior to the marriage in order to provide for future events such as death or divorce. A pre-nuptial agreement lawyer can address these concerns. We strive to assist the client in dealing with this sensitive issue in a manner which is respectful of both parties’ intentions, while protecting the interests of our individual client. It is advisable to start this process well before your wedding date. We suggest you contact us immediately if you are considering such an agreement.

What is a Pre-Nuptial Agreement?

A pre-nuptial agreement, antenuptial agreement, or premarital agreement , is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other.

A pre-nuptial agreement is a contract entered into prior to marriage, and it commonly includes provisions for division of property and spousal support in the event of divorce or death.

The content of a pre-nuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or death. Pre-nuptial agreements are commonly seen in cases where it is a second marriage, a marriage involving older adults where there are children from a former marriage, or if there is a great disparity of marital assets.

Five Elements of a Valid Pre-Nuptial Agreement

In the United States, pre-nuptial agreements are recognized in all fifty states and the District of Columbia. Likewise, in most jurisdictions, five elements are required for a valid pre-nuptial agreement:

  1. Agreement must be in writing (oral prenups are generally unenforceable)
  2. Terms must be executed voluntarily
  3. There must be full and/or fair disclosure at the time of execution
  4. A The agreement cannot be unconscionable
  5. Agreement It must be executed by both parties (not their attorneys) “in the manner required for a deed to be recorded”, known as an acknowledgment, before a notary public

Pre-Nuptial agreements in all U.S. states are not allowed to regulate issues relating to the children of the marriage, in particular, allocation of parental responsibilities and parenting time. The reason behind this is that matters involving children must be decided in the children’s best interests. With respect to financial issues ancillary to divorce, pre-nuptial agreements are routinely upheld and enforced by courts in virtually all states. There are circumstances in which courts have refused to enforce certain portions/provisions of such agreements.

Is A Pre-Nuptial Agreement Right For My Situation?

In the United States, pre-nuptial agreements are recognized in all fifty states and the District of Columbia. Likewise, in most jurisdictions, five elements are required for a valid pre-nuptial agreement:

  1. Agreement must be in writing (oral pre-nups are generally unenforceable)
  2. Must be executed voluntarily
  3. Full and/or fair disclosure at the time of execution
  4. The agreement cannot be unconscionable
  5. It must be executed by both parties (not their attorneys) “in the manner required for a deed to be recorded”, known as an acknowledgment, before a notary public

Pre-nuptial agreements in all U.S. states are not allowed to regulate issues relating to the children of the marriage, in particular, allocation of parental responsibilities and parenting time. The reason behind this is that matters involving children must be decided in the children’s best interests. With respect to financial issues ancillary to divorce, pre-nuptial agreements are routinely upheld and enforced by courts in virtually all states. There are circumstances in which courts have refused to enforce certain portions/provisions of such agreements.

What to Expect

Pre-Nuptial agreements can be complex and distressing to consider, but as we mentioned before marriage is the best time to have such agreements in place. Our team of pre-nuptial agreement lawyers is here to help you every step of the way, ensuring that both parties have their desired terms in place in the event of the dissolution of a marriage.

Our approachable and skilled legal team also assists with other family law matters: 

  • Divorce
  • Post-decree 
  • Adoption
  • Orders of Protection
  • Estate Planning
  • Wills & Trusts
  • Guardianship

We are here for you and will continue to be available throughout the legal process to address your wishes and concerns.

We also offer free remote consultations and provide services from a distance if necessary.

You contact us here, email our office at info@sterkfamilylaw.com, or call 815-600-8950 and one of our team members will promptly assist you.

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Sterk Family Law Group is a firm of experienced family law attorneys in Orland Park, IL. Contact us to schedule your free family law or estate planning consultation today!