Premarital Agreements

Premarital agreements, also known as antenuptial agreements, prenuptial agreements or prenups, are governed by the Illinois Uniform Premarital Agreement Act. As a general rule, three things are required for a premarital agreement to be binding: full disclosure, representation of both parties, and sufficient time before the marriage. If you would like a premarital agreement, you should begin the process well before the date of the marriage. These are agreements that are catered to parties’ specific situations bearing in mind the parties’ wishes concerning how the parties will deal with property and debts during the marriage and possibly how the issue of maintenance would be addressed in the event of divorce. Even if maintenance is waived in a premarital agreement, there are methods to obtain some financial support in a divorce. Matters concerning minor children such as the allocation of parental responsibilities, parenting time and child support cannot be addressed in a premarital agreement. In some instances, largely depending on what a party would like to accomplish, a premarital agreement might not be necessary. If you would like a premarital agreement, have received a premarital agreement, are involved in negotiations concerning a premarital agreement, or would like to know how to protect yourself absent a premarital agreement, then call Figiel Law Offices, Ltd. at 773.774.6084 to schedule a consultation with one of our attorneys.

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