Pre and Post Nuptial Agreements
Family Law Practice Areas
Grandparents’ Rights
Chicago Prenup Attorney
Helping Those in Chicago with Divorce Cases for 50+ Years
Prenuptial Agreements are contracts entered into by two parties planning to get married, whereas postnuptial agreements are entered into after marriage. The prenuptial agreement addresses topics that would need to be decided in the event of a divorce, such as maintenance and property distribution. However, child-related matters, such as child support or custody, cannot be included in a pre or postnuptial agreement.
Because there are so much emotion and pressure surrounding this subject, it is essential that you hire an experienced attorney. Abramovitch Blalock & McKinnon can provide advice on the law from an informed perspective, while also ensuring that you are protected, and a fair agreement is reached on your behalf.
Drafting Prenuptial Agreements
There are many specific requirements that must be met when drafting pre and postnuptial agreements to ensure they are valid and enforceable. Among other requirements, there must be full disclosure of all financial assets and liabilities, both parties must have the opportunity to hire an attorney, and the agreement cannot be unconscionable. If any of the requirements are not met, the agreement can be challenged and found to be void. Ensuring the agreement is valid can save a significant amount of time and money, should a divorce take place.
The Chicago prenup attorneys at Abramovitch Blalock & McKinnon are experienced in negotiating and drafting these agreements. We can help you create a fair and favorable agreement that both you and your spouse can agree on.
Consult our highly experienced pre and post nuptial agreements attorneys at (312) 372-1639 or email us at info@abmfamilylaw.com.
Enforcing or Defending Pre or Post Nuptial Agreements
In the event that a couple files for divorce, determining whether the pre or postnuptial agreement is valid is often the first issue that must be addressed. Generally, Illinois courts will find that the agreement is valid as long as it was properly drafted and executed. However, there may be a basis to argue that the agreement is invalid, either as a whole or in part, and there may be a dispute in interpreting terms of the agreement. Even if a couple entered a pre or postnuptial agreement, it is still important to hire an attorney to handle the divorce.
Let’s Work Together
Contact Abramovitch Blalock & McKinnon, LLC today