Chicago Divorce Attorney for Prenuptial and Postnuptial Agreements

Cook County Prenup and Postnup Lawyer

While couples who are preparing to get married may not find it romantic to discuss the possibility of divorce, there are legal and financial benefits to planning for the possibility. By signing a prenuptial agreement, couples can protect their own assets in case of a later divorce and also protect their spouse from business or personal debt that they each incur. A prenuptial agreement can help couples avoid conflict in the future. During the preparation of the agreement, each spouse should be represented by their own attorney. The attorneys at NextLevel Law, P.C. by Daniel R. Hernandez, Esq can work with you to determine whether a prenuptial agreement is appropriate and assist you in its preparation. We can also help married couples prepare postnuptial agreements, which act similarly once the marriage has already occurred.

Cook County Prenuptial Agreement Lawyer

Prenuptial agreements are written documents signed by each spouse to address how to handle various issues if the marriage should end in a divorce or the death of one spouse. The agreement should include a thorough accounting of each spouse's financial information, including all assets and debts. Common issues that are addressed in prenuptial agreements include:

• Spousal maintenance – The spouses can agree on whether either spouse will receive spousal maintenance, also known as alimony, from the other if they are divorced. The agreement can specifically address the amount of support as well as its duration.
• Division of marital property – The prenuptial agreement can help couples establish what will be considered non-marital property that each individual brings into the marriage. This can help keep family heirlooms, businesses, or other important individual assets from being considered part of the marital estate.
• Inheritance rights – If one of the spouses should die, their assets would be divided between their widow and their children. If either spouse has children from a previous marriage or relationship, the prenuptial agreement can be used to specify assets or property that their children should inherit.

While the topics that a prenuptial agreement can cover are far-reaching, it cannot address any decisions about child support, parental responsibility, or parenting time. These decisions can only be made during the divorce process.

Cook County Attorney for Postnuptial Agreements

After a couple is already married, a postnuptial agreement can protect many of the same assets as a prenuptial agreement. It can be helpful for:

• Couples who are separated or considering a divorce but have not yet made the final decision.
• Couples with one spouse starting or acquiring a business and who would like to keep the business considered non-marital property and separate from the marital estate.
• When one spouse inherits or is gifted property or assets they wish to keep separate from their marital assets.
• When one spouse makes a significant investment or incurs other debts that the other spouse does not want to be legally responsible for.

Both prenuptial and postnuptial agreements are helpful in the case of a divorce. However, if the court finds that the agreement was not properly prepared, that one of the spouses signed the agreement under duress, or that one spouse withheld vital information, the judge may rule the agreement invalid.

Contact a Chicago Prenuptial and Postnuptial Agreement Attorney

The lawyers at NextLevel Law, P.C. by Daniel R. Hernandez, Esq can answer any questions you may have about preparing prenuptial and postnuptial agreements. While the initial conversation may be challenging to start, the result can put both spouses' minds at ease. Call our office at 312-442-2225 or contact us via email for a free consultation. We never charge by the hour. Instead, we offer flat fees for our services and always provide affordable representation. Our law firm is proudly 100% LGBTQ-owned and is ready to provide legal representation for any of the community's needs. Serving Cook County and the City of Chicago, our office speaks both English and Spanish to better serve our clients.