DuPage County Prenuptial Agreement Lawyers
Prenuptial Agreement Attorneys Serving Wheaton, Naperville and Surrounding Areas
Prenuptial agreements (also known as premarital agreements) are a useful tool for couples to decide in advance certain financial matters should the marriage end in divorce. Couples that enter into such an agreement can start their marriage with the security of knowing how these matters will be handled in the event of a worst-case scenario. Once completed and signed, however, a prenuptial agreement is difficult to change. For this reason, they should be drawn up with the assistance of a skilled family law and divorce attorney.
At Momkus McCluskey LLC, our family law group has in-depth knowledge of prenuptial agreements and what should be included in them to fully protect your interests. Our attorneys also have vast experience in a wide range of related practice areas; such as business law and estates, trusts and asset protection planning. We put our experience to work to provide comprehensive guidance on premarital agreements, accounting for all relevant factors to ensure that your goals are accomplished and your rights are protected.
What can be covered in a Prenuptial Agreement?
Prenuptial agreements can address most issues that must be dealt with if the marriage is dissolved. These include:
- Division of Property: With a premarital agreement, couples can determine in advance which property will be considered marital and which will be considered non-marital. This may include residences, investments, family owned businesses, individual retirement accounts and many others.
- Alimony/Maintenance: A premarital agreement can designate the amount of spousal support that will be paid in the event of a divorce.
- Debts and Divorce Tax Consequences: The prenuptial agreement can address how existing debts and tax bills would be handled in a divorce.
Common Reasons to Seek a Prenuptial Agreement
Premarital agreements are used by couples with significant assets to specify how these assets will be divided if the marriage does not work out. They can also be helpful in second (or more) marriages when the spouses are bringing in children from prior marriages or relationships. A prenuptial agreement can protect the rights of the children to the assets of their parent in the event of a divorce or death. They are often used in conjunction with wills & trusts and other estate planning tools.
Can Prenuptial Agreements be Declared Invalid?
In general, premarital agreements can only be changed if both spouses agree to the changes in writing. However, there are instances when a court may invalidate the agreement. These include:
- When the agreement is not in writing.
- Failure to disclose honest and/or complete information.
- Coercion or threats by one of the spouses.
- An agreement that is deemed highly unfair by the court.
One major hurdle in putting together prenuptial agreements is approaching your fiancé with such a delicate issue before the marriage begins. To help overcome this issue, it is best to speak with your fiancé long in advance of the wedding so there is plenty of time for an open and honest discussion.
Premarital agreements can be effective planning tools when entering into a marriage. When spouses have a high net worth, children from prior relationships and unique asset valuations, a prenuptial agreement can go a long way in simplifying a complex divorce. At Momkus McCluskey LLC, we understand the challenges in crafting an agreement that both protects your interests and satisfies your fiancé. For skilled guidance in creating an effective prenuptial agreement, contact us today at (630) 434-0400 for a consultation. We provide advice and counsel from our team of experienced and compassionate DuPage County family law attorneys serving Wheaton, Lisle, Naperville, Downers Grove and surrounding suburbs.