Chicago Post-Nuptial Agreement Lawyers
A post-nuptial agreement is a legal document that can relate to a wide variety of subject matter including financial issues, maintenance, property and asset division in the event of a divorce, separation or death of a spouse. Additionally, wills, trusts and other legal documents may be discussed in a post-nuptial agreement. A post-nuptial agreement happens after a couple gets married. Because pre-nuptial agreements are only valid if they are created before marriage, couples who do not want or do not sign a pre-nuptial agreement before the marriage have the option of negotiating and signing a post-nuptial agreement.
Like a pre-nuptial agreement, a post-nuptial agreement must be voluntary, signed by both spouses, and cannot contain anything criminal or anything that affects public policy. Post-nuptial agreements may also be incorporated into divorce decrees as long as they meet the requirements of the Illinois Marriage and Dissolution of Marriage Act (750ILCS5/).
At Nottage and Ward, our post-nuptial attorneys pay close attention to the goals, needs, and circumstances of each of our clients when drafting, negotiating and litigating these vital agreements. Some cases of Illinois post-nuptial agreements involve spouses who may be going through marital problems, but would be willing to try to work it out if they felt that their assets were protected.
Not all couples have post-nuptial agreements or even pre-nups. However, should a married couple decide that either of these is the best option for them, consulting with experienced Chicago family law attorneys would be in the best interest of each party. It is recommended that each spouse obtain separate lawyers in the event that a marriage does not work. Because these are legal, binding documents, an attorney will ensure that content and language complies with Illinois state law.
While the act of getting married and starting a life together is exciting for any couple, it is wise to be responsible should the unexpected happen. Couples who may want their property or other assets to go to children or grandchildren instead of a current spouse may consider a post-nuptial agreement. Sometimes the issue of signing legal documents like pre-nuptial and post-nuptial agreements can be touchy. It can raise trust issues and doubts about a marriage. However, it is important for each party to discuss their wishes for the marriage and how they want their affairs handled in the future. Should a divorce or separation occur, each party can rest assured that their property and assets are protected.
The family law firm of Nottage and Ward has mastered the art of communication and is experienced in developing post-nuptial agreements that are realistic and suitable for both parties involved. We understand how to develop long-term solutions for finances and property division in the face of emotionally charged situations. For 20 years, our family law attorneys have handled child custody matters, divorce and separation, pre-nuptial and post-nuptial agreements as well as other common family law matters. To learn more about how our firm can help you with your Chicago family law concerns, please call us at (312) 332-2915.
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