Prenuptial & Postnuptial Agreements

A prenuptial agreement allows you and your intended spouse to determine how your property is handled if you divorce. Many people think prenuptial agreements are only for the very wealthy, but they can benefit many couples. Child support and parenting issues are considered separately.

• First time married couples may feel there is no need for a prenuptial agreement. But, in the event of divorce, Illinois laws will determine how your property is handled if you don’t have a plan. For this reason, a couple may want to consider a prenuptial agreement to assure that their property is distributed as they wish.
• Many people see the benefit of a prenuptial agreement for couples marrying a second time, especially if they have children. The couple can specify how property will be distributed to their children (born before, or during their marriage), thus protecting all of the couples’ children in the future.
• Prenuptial agreements can also protect one partner from being forced to assume the debts of the other partner.

Postnuptial agreements are similar to prenuptials, but are written after the couple is married. Changes in property or businesses created during the marriage can be specified as non-marital assets or can be distributed as part of a larger estate plan.

The wording of a prenuptial agreement is very important, because it can be deemed unenforceable if done incorrectly. It is crucial to have the guidance of an experienced attorney when creating a pre- or postnuptial agreement. Haskin Law has the experience, and will take the time to make sure your wishes are reflected in the agreement.