Prenuptial and Postnuptial Agreements
If you are planning to get married, do you need to have a prenuptial agreement? In our state, prenuptial agreements, known as premarital agreements under Illinois law, are governed by the Illinois Uniform Premarital Agreement Act (750 ILCS 10/). While many Illinois residents think that prenuptial agreements are only for the wealthy, premarital agreements can be important tools for many different types of people regardless of income level.
At OSH Law, we regularly assist clients who have concerns about protecting assets and contracting about issues like spousal support in the event of divorce. Attorney Otto S. Hurtado is an experienced family lawyer, and he provides personalized and timely service to each and every client. Premarital agreements can be helpful in a variety of cases, and we can discuss the specific facts of your situation today.
Each prenuptial agreement is different, and it is extremely important to discuss the facts of your case with a dedicated family lawyer. But first, you should know what the law allows you to include in a prenuptial agreement. It is important to remember that these contracts are not limited to the disposition of property or other assets if you decide to file for divorce. To be sure, Illinois law permits couples to enter into an agreement about many different matters that can arise during a marriage, including but not limited to the following:
Illinois law does not permit couples to negotiate about child support. Indeed, the statute makes clear that “the rights of a child to support may not be adversely affected by a premarital agreement.”
What about postnuptial, or postmarital, agreements? Similar to a premarital agreement, contracts that spouses enter into after a marriage are known as postnuptial agreements. In nearly all cases, these contracts are less preferable than premarital agreements. After a marriage already has taken place, it is more difficult to negotiate terms, and courts can more readily invalidate postnuptial agreements than they can premarital agreements.
Premarital agreements tend to face in-depth examination by courts in Illinois. Premarital agreements are not enforceable in many situations, including the following:
In some cases, even if a court does not determine that the premarital agreement is unconscionable or involuntary, it can still require one spouse to make spousal support payments—even if the premarital agreement eliminated spousal support—if the lack of that support would cause “undue hardship in light of circumstances not reasonably foreseeable” at the time the premarital agreement was executed.
Contested prenuptial and postnuptial can be extremely complex, and you should always discuss your case with an experienced divorce lawyer. Contact OSH Law today at 331-248-8190 to learn more about our services. We serve clients in Kane, DuPage, Kendall, and DeKalb Counties.