Prenuptial Agreements

Illinois Prenuptial Agreement Attorneys, DuPage County

Just as individuals use insurance policies to protect against unexpected misfortune, more and more couples are choosing to use prenuptial agreements to protect against unexpected divorce. Prenuptial, or premarital, agreements make arrangements ahead of time for how assets, inheritance and other issues will be handled if a marriage is dissolved in the future. At Momkus McCluskey, LLC, our attorneys are experienced in working with couples to draw up prenuptial agreements. We understand the sensitive nature of this process, and our attorneys are skilled in handling these sometimes delicate negotiations with care.

When a Prenuptial Agreement Should Be Considered

Not all couples feel the need to have a prenuptial agreement, but in some cases it may be recommended. These include:

• Marriages that involve substantial assets—Protracted battles over valuable assets can be avoided if arrangements are made for how assets will be distributed prior to the marriage.
• When there are children from previous relationships—Prenuptial agreements can protect children from prior relationships from losing financial support or inheritance.
• Those who own a business or part of a business—A prenuptial agreement can prevent a business from being divided up in a divorce. Divorces can threaten the survival of a business.
• Those who expect a large inheritance—An inheritance that is received during the marriage becomes marital property that is subject to division in a divorce. Establishing that an inheritance will not be shared in a prenuptial agreement can prevent this.

Contesting a Prenuptial Agreement

Prenuptial agreements are not ironclad. In the event of a divorce, a prenuptial agreement can be contested. When creating a prenuptial agreement, it is essential to work with an experienced and knowledgeable attorney to ensure that it withstands the court’s scrutiny should it be needed in the future.

At Momkus McCluskey, LLC, our attorneys are skilled in drafting prenuptial agreements that fit the unique needs of our clients and meet all legal requirements. Likewise, we are experienced in identifying when a prenuptial agreement may be challenged. We represent clients going through divorce who wish to contest a prenuptial agreement. We have successfully had prenuptial agreements set aside by the court and negotiated and litigated settlements that are more in our clients’ interests.

To schedule a consultation with an experienced and knowledgeable family law attorney skilled in handling prenuptial agreements, contact Momkus McCluskey, LLC.