Kane County, IL Prenuptial and Postnuptial Agreement Lawyers

Skilled Marital Agreements Attorneys Serving Clients in St. Charles, Illinois

Prenuptial and postnuptial agreements are increasingly popular among couples from all walks of life. These legal documents are used to help couples define what will happen to their assets should they divorce or pass away. No one can predict the future, but you can plan for whatever may come. At Shaw Sanders, P.C., our lawyers have experience negotiating and drafting durable marital agreements that can stand up to future challenges. We strive to ensure all possible scenarios are covered and that our clients' rights and interests are fully protected.

Reasons for Prenuptial and Postnuptial Agreements

In the past, prenuptial agreements were used almost exclusively by the wealthy elite. That has completely changed especially in recent years. Now all different types of couples choose to protect their interests with a pre-nup or a post-nup for various reasons, including:

• One spouse is worth significantly more than the other. If there is a large discrepancy in the net worths of each spouse, a prenuptial agreement can be used to make sure money is not a motivator for the marriage.
• There are children from a previous marriage to consider. If one spouse has children from a previous marriage, a prenuptial agreement can help protect the inheritance of those children.
• One spouse is a business owner. If one spouse owns a business or a share of a business (i.e. family-owned business or professional practice), a pre-nup or post-nup can be used to make sure that the business is never subject to division if you divorce or die.
• One spouse has a lot of debt going into the marriage. A prenuptial agreement can make sure that you are not responsible for that debt if you divorce.
• One spouse wants to acquire a significant asset or debt. Anything acquired during the marriage is considered marital property. A prenuptial or postnuptial agreement can exclude certain items from the property division process of a divorce.

Prenuptial and postnuptial agreements are not only used to protect the spouse with the greater income and assets. They can also be tools for less-wage-earning spouses to ensure that they will also be taken care of with a financial settlement and/or spousal maintenance if the marriage ends.

Complications With a Marital Agreement

As you draft a marital agreement, you may run into potential legal issues. For example, a judge can refuse to honor a prenuptial or postnuptial agreement if the terms are unreasonable, or if one spouse was coerced into signing the document.

Moreover, there are some terms that cannot be included in a pre-nup or post-nup. Marital agreements cannot include any provisions about child custody or adversely affect child support in any way. At Shaw Sanders, P.C., our attorneys can review your marital agreement to make sure it holds up to scrutiny.

Altering a Prenuptial or Postnuptial Agreement in Cook County

Some people become apprehensive at the idea of signing a marital agreement, believing it to be a permanent commitment that cannot be overwritten. However, marital agreements are quite flexible. You can change the terms of a pre-nup or post-nup simply by writing a new agreement with your spouse or fiancé(e).

Reach Out to a St. Charles Prenuptial and Postnuptial Agreement Lawyer

Drafting a comprehensive marital agreement is best accomplished with the help of a legal professional. If you or your significant other is interested in protecting yourselves with a prenuptial or postnuptial agreement, contact Shaw Sanders, P.C. by phone at 630-584-5550 to schedule a free initial consultation. We can assist with drafting and negotiating the legal documents you need to move forward with your plans. Our Kane County marital agreement attorneys work with clients in Northern Illinois.