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Premarital Agreement Attorney Serving Clients in Cook County, Illinois
Anyone in Cook County who is planning to get married should consider a prenuptial agreement. While prenuptial agreements—also known as premarital agreements or simply as prenups—used to be considered important only for couples who were likely to have a high net worth divorce or who had substantial assets they wanted to protect in case the marriage did not work out. However, premarital agreements can be beneficial for many different couples, regardless of income level.
Whether you have questions about developing a premarital agreement or need assistance enforcing a premarital agreement in your divorce case, an experienced Cook County prenuptial agreement lawyer can assist you. An advocate at Arami Law can speak with you today about your options.
What Is a Prenuptial Agreement?
In Cook County, the Illinois Uniform Premarital Agreement Act (750 ILCS 10/) governs prenups throughout the state. According to the statute, a premarital agreement is defined as an agreement made between two people who intend to get married, and it becomes effective when the marriage is made official.
Who Should Get a Prenuptial Agreement in Cook County?
Anyone who is planning to get married can enter into a premarital agreement, and these contracts can be beneficial for many different types of couples. Although it may not feel romantic to suggest entering into a premarital agreement that outlines terms about property and other financial matters in the event of divorce, these documents can protect both parties in the long run.
Elements of a Cook County Premarital Agreement
Prenuptial agreements are contracts through which parties can reach an agreement about property. Common elements in prenuptial agreements include but are not limited to:
- Identifying separate property, or property that will not be subject to division, in the event of a divorce;
- Terms of spousal maintenance;
- Eliminating spousal maintenance;
- Rights and obligations of both of the parties with respect to any marital property;
- Rights to buy, sell, use, or transfer property;
- Ownership rights in death benefits; and
- Choice of law governing the prenuptial agreement.
There are many other matters that can be included in premarital agreements. However, it is important to understand that child support, or the right to child support, can never be affected by a prenuptial agreement.
Enforcing a Cook County Prenuptial Agreement
To be enforceable, a prenuptial agreement must be in writing, and it must be signed by both parties. There are some situations in which premarital agreements are unenforceable. The statute lists some of the following examples:
- One of the parties did not enter into the agreement voluntarily;
- The agreement was unconscionable when it was executed because one of the parties did not have information about property or finances; and
- Marriage is void.
Seek Advice From a Cook County Prenuptial Agreement Attorney
Prenuptial agreements can be beneficial for any couple planning to get married in Cook County. To learn more about drafting a prenuptial agreement, or for assistance with enforcement issues surrounding an existing premarital agreement, you should reach out to a Cook County prenuptial agreement attorney as soon as possible. Contact Arami Law for more information.
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