Chicago Attorney for LGBTQ+ Prenuptial and Postnuptial Agreements

Cook County Same-Sex Prenuptial Agreement Lawyer

As divorce rates continue to grow and many couples are bringing more assets into the marriage, prenuptial and postnuptial agreements are taking on new importance. NextLevel Law, P.C. by Daniel R. Hernandez, Esq is a 100% LGBTQ-owned law firm, so we know the challenges faced by same-sex couples. We are ready to tackle your legal questions and provide you with experienced representation. Whether you are still looking forward to your big day or have already been married for years, contact us for legal advice on prenuptial and postnuptial agreements.

Chicago Attorney for Prenuptial Agreements

By signing a prenuptial agreement, couples agree in advance on how specific financial or property issues will be managed if their marriage ends in divorce. A valid, well-thought-out prenuptial agreement allows couples to disclose all their financial information, including their income, assets they own, and any debts they owe.

Among the issues that spouses choose to include in a prenuptial agreement are:

Division of Marital Property – During a divorce, any property or assets that either spouse earned or acquired is considered marital property and subject to division. Couples can use a prenuptial agreement to identify what each spouse views as non-marital property, not to be commingled with the marital estate. This can be important for business owners who want to keep their commercial assets separate and individuals with heirlooms or other valuable inherited assets.

Spousal Maintenance – The spouses can use a prenuptial agreement to decide whether either spouse would receive spousal maintenance, also known as spousal support or alimony in the case of a divorce. They can agree on the amount of support that would be paid and how long the payments would last.

Inheritance – A prenuptial agreement can be used to identify how assets and property would be distributed between the widow and other relatives, including children. This is common in cases when a spouse has children from a previous relationship or marriage.

Not included in a prenuptial agreement are any decisions regarding children. This includes child support, parenting time, or parental responsibility. These cannot be decided using a prenuptial agreement and can only be addressed during the divorce process when the best situation for the children can be determined.

Cook County Postnuptial Agreements Attorney

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.

If you choose to prepare a prenuptial or a postnuptial agreement, you will be providing the court with guidance. However, the court may find that the agreements unfairly favor one spouse over the other and make a different ruling in the divorce order. The agreement can also be thrown out if it was not properly prepared, if one spouse withheld information from the other during its preparation, or if one spouse signed the agreement under duress. It is essential to work with experienced attorneys who will protect your wishes and make sure your agreement is enforceable.

Trust our Chicago Prenuptial and Postnuptial Agreement Lawyer

When looking forward to marriage, no couple wants to consider the possibility of divorce. However, having a prenuptial or postnuptial agreement can protect both spouses in cases of divorce and from business or personal debt. If you are an LGBTQ+ couple considering a prenuptial or postnuptial agreement, contact the lawyers at NextLevel Law, P.C. by Daniel R. Hernandez, Esq. We are a proudly 100% LGBTQ-owned law firm and are ready to provide you with knowledgeable legal representation. Contact our office or call 312-442-2225 for your free consultation. Our services are always affordable. We offer flat fees and never charge by the hour. We proudly serve clients in Chicago and throughout Cook County. We speak both English and Spanish to better serve our clients.