More Than 105 Combined Years Of Experience At Your Side In Illinois

Wheaton Attorneys Helping Clients Prepare Prenuptial and Postnuptial Agreements

​It is often a good idea to plan for what could happen in the case of divorce, particularly for people who have accumulated assets over their lifetime. Planning for this in the form of a prenuptial or postnuptial agreement can provide peace of mind for a couple, knowing that dividing property and assets will not be an issue at any point in the relationship because they have already been legally addressed for in an agreement. At Beck & Houlihan, P.C., we are prepared to help you craft a prenuptial or postnuptial agreement. Our lawyers can help you develop an agreement that will protect your rights in the event of divorce.

Prenuptial Agreements

Prenuptial (or premarital) agreements are governed by the Illinois Uniform Premarital Act (750 ILCS 10/1 et seq.) and defined as agreements between future spouses created prior to marriage. The law gives both parties the right to contract with respect to:

  • The rights and responsibilities of each regarding property
  • The right to use or otherwise control property
  • The disbursement of property upon certain events, including death or divorce
  • Spousal support, also known as maintenance
  • The creation of estate planning documents to carry out the provisions of the agreement
  • The rights to the benefits of a life insurance policy
  • The choice of law governing the agreement
  • Many other matters

​The state has declared it to be against public policy for a prenuptial agreement to affect child support. A prenuptial agreement must be signed by both parties, and, similarly, the desire to amend or revoke a premarital agreement after marriage must be done via a written agreement, also signed by both parties. A premarital agreement can be found to be unenforceable if one party was not offered reasonable disclosure of the property or financial responsibilities of the other party and did not waive their right to disclosure of this information. In addition, if a provision modifying or eliminating spousal support causes one party undue hardship, a court may require the other party to provide spousal support, regardless of what the premarital agreement says.

Postnuptial Agreements

​A postnuptial agreement is similar to a premarital agreement except that it is executed after the marriage. Like a premarital agreement, a postnuptial agreement can address finances, property, and assets, and relate to other key documents, such as wills and trusts.

Contact Our Experienced Family Law Attorneys

​Although these agreements are not ideal for every couple, for those who are interested in exploring the benefits associated with these agreements, it is crucial to seek the guidance of an experienced family law attorney who can advise you with respect to Illinois law. The family law firm of Beck & Houlihan, P.C., has been practicing in these areas for since 2001, and our lawyers have extensive experience in collaborative law and mediation as well, which can be very helpful in crafting these agreements. To learn more about how we can help you, contact us at 630-398-3185.