DuPage County Prenuptial and Postnuptial Agreement Attorneys
Pre-Marriage Asset Protection Lawyers Serving Hinsdale, Oak Brook and Surrounding Areas
Couples getting married often want a written agreement dealing with issues such as allocation of property and assets upon divorce or death. If the document is created before the marriage, it is referred to as a prenuptial or premarital agreement. If created after getting married, it is referred to as a postnuptial agreement. Pre and postnuptial agreements provide certain protections and assurances when entering into a marriage. However, these agreements are not always enforceable. For this reason, it is highly recommended that they are created with the assistance of an experienced attorney.
At Tiesenga & DeBoer LLP, we have over 100 years of combined experience in a wide range of complex areas of the law. Our attorneys have an in-depth knowledge of estate planning, probate and trust administration, corporate and small business law, commercial litigation, and many other legal areas. We put our extensive experience to work to give clients comprehensive legal solutions customized to their specific needs. Pre and postnuptial agreements can be effective estate planning tools, and we advise clients on when it makes sense to create such an agreement and what should be included to help ensure the document is enforceable and protects their interests.
Premarital agreements are written agreements entered into before the marriage occurs codifying the intent of each spouse. “Prenups” can deal with almost any subject matter that is not criminal, contrary to public policy or impacting the right of child support. Issues that are typically resolved with prenuptial agreements include alimony (maintenance) payments, what constitutes marital and non-marital property, life insurance policy beneficiaries, the disposition of assets and property upon death or divorce, and the creation of a will or trust to carry out the provisions of the agreement.
A postnuptial agreement is similar in nature to a premarital agreement, except that it is created after the couple is already married. The same issues can be addressed (mostly regarding the distribution of assets and property of the spouses upon death or divorce), and the same legal restrictions apply.
Pre and postnuptial agreements are often helpful in second marriages when the spouses have children from prior relationships. These agreements can help ensure the children receive their rightful share of property and assets in the event of a worst case scenario.
There are certain instances when a prenup or postnup can be challenged and invalidated by the court. These include:
- Documents that are poorly (vaguely) drafted and/or not properly signed,
- Documents signed under duress, coercion, or lacking proper mental capacity,
- Failure of one or both parties to disclose all of their assets prior to signing,
- Failure of one or both parties to have the agreement reviewed by an attorney, and
- A document that is unreasonable and unfairly favors one party over the other.
For skilled assistance with negotiating, drafting or reviewing prenuptial and postnuptial agreements, contact our attorneys today at 630-645-1403 for a consultation. Tiesenga & DeBoer LLP provides skilled legal representation to clients from our main office in Oak Brook, Illinois.