Chicago Family Law Attorneys Assisting Clients in Drafting Prenuptial Agreements
Where one or both parties to a marriage have significant assets or anticipate obtaining such assets during the course of their marriage, a prenuptial agreement can help protect these assets from division by the courts in case of a divorce. Far from being a harbinger of impending marital doom, a prenuptial agreement not only is a smart and commonsense step to take to protect oneself in case the marriage dissolves but it also provides both parties with a clear understanding of what they can expect in the event a divorce is filed.
What is a Prenuptial Agreement?
Put simply, a prenuptial agreement is a binding and enforceable contract that two potential spouses enter into and sign in anticipation of their upcoming marriage. A prenuptial agreement will usually spell out in detail what division of assets and property the parties agree to in the event one of the parties files for divorce. A prenuptial agreement can also specify whether one party will receive alimony from the other and, if so, in what amount and under what circumstances.
Is Any Prenuptial Agreement Enforceable?
While parties are free to include whatever (legal) conditions they wish, a premarital agreement must generally:
- Involve both parties making a full and fair disclosure of their separate assets and liabilities prior to the agreement being signed;
- Afford each spouse the opportunity to consult with and retain the services of a separate attorney, if the spouse chooses to do so; and
- Not be presented to the other spouse on the eve of marriage but rather with enough time for the spouse to review and fully consider the terms of the agreement.
A prenuptial agreement that fails to meet these three basic requirements is in danger of being disregarded and set aside by a divorce court if the agreement is challenged in a divorce proceeding. Having legal representation during the drafting and signing of a prenuptial agreement can help insulate the agreement from such attacks.
Do I Need an Attorney to Represent Me?
An experienced family law attorney can help you draft a prenuptial agreement that will withstand future legal challenges and protect your assets in the event of a divorce. If you are not seeking a prenuptial agreement but your soon-to-be spouse presents you with a prenuptial agreement, it is just as important that you seek legal counsel as well. You may be signing away important rights like equitable division of property and alimony.
The Arami Law Office is committed to providing well-informed legal counsel to clients wishing to protect their assets through a prenuptial agreement as well as partners asked to sign a prenuptial agreement by their significant others. Before you sign on any dotted line or rush down the aisle, allow one of our Chicago prenuptial agreement lawyers to help ensure that your “happily ever after” moment will not turn into a future “what was I thinking?” Contact the Arami Law Office today at (312) 212-1399 for experienced assistance.