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Kane County Prenuptial Lawyer

Kane County Prenuptial Agreement Draft Lawyers

Family Law Attorneys Serving St. Charles and Geneva Explain Premarital Agreements

There are many reasons why you and/or your partner might want to create a prenuptial agreement:

  • To protect certain premarital assets as one person's sole and separate property, particularly real estate or a business that is at risk of being transmuted to marital property.
  • To document the amount of debt that each spouse brings to the marriage, that will be paid off with marital funds, and that the other spouse should be reimbursed in the event of divorce.
  • To designate how you will divide assets acquired during the marriage in the event of divorce to avoid drawn-out negotiations or court hearings.
  • To commit that a higher-earning spouse will pay a lower-earning or stay-at-home spouse a certain level of maintenance or spousal support for some period of time after a divorce.

At Weiler & Lengle P.C., we appreciate that the idea of creating a prenuptial agreement may seem strange or uncomfortable.  Some partners balk at the idea of planning for divorce before even being married. But if you have thought more than once about creating one, you probably should. We will listen to your concerns for both yourself and your spouse-to-be, clarify your goals, and draft a document that will give you both legal protection and long-term peace of mind.

Illinois Law on Prenuptial Agreements

The Illinois Uniform Premarital Agreement Act defines the requirements for a valid and enforceable prenuptial agreement:

  • It must be in writing and signed by both parties. Witnesses are not required.
  • It takes effect upon marriage, not before.
  • After the marriage, it may be amended or revoked only by a written agreement signed by both parties.
  • It must be signed voluntarily.

Factors to Consider When Creating a Premarital Agreement

We strongly recommend that both parties consult a lawyer before signing a postnuptial agreement, although this is not expressly required by Illinois law.

In addition, full disclosure of assets and debts should be made by both parties.

It is important for spouses marrying in Illinois to remember that they may be living in another state when they divorce. Some states have very different divorce laws than Illinois, such as different rules for the differentiation of marital versus non-marital property, the division of marital property, and the awarding of spousal support. However, other states are generally bound by the terms of a premarital agreement signed in Illinois.

Prenuptial Agreement Attorneys in St. Charles, Illinois

Signing a premarital agreement gives you a measure of both emotional and financial security, particularly if you want to retain control over a business or other major assets after your marriage. With our years of experience in Illinois divorce law, Weiler & Lengle P.C. can create a prenuptial agreement that you can trust to protect you in the event of a divorce. Contact us in our St. Charles office at 630-382-8050. We serve in clients in St. Charles, Geneva, Batavia, South Elgin, and neighboring communities in Kane County.

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