Chicago Pre-Nuptial Agreement Lawyers

Pre-nuptial agreements in Illinois are legal documents which codify a couple’s intent prior to getting married. A pre-nuptial agreement can contain specifics regarding any subject matter which is not criminal, does not affect a child’s right to support, or that does not adversely affect public policy. Specific subject matter in the state of Illinois includes rights and obligations, and maintenance or alimony of property and the disposition of property and assets acquired by either spouse at any time. A pre-nuptial agreement is considered valid and enforceable once a marriage has been formalized and can only be modified or revoked if both spouses consent and submit changes in writing. The pre-nuptial agreement is governed by the Illinois Uniform Premarital Agreement Act, contained in Chapter 750 of the Illinois Compiled Statutes.

Many couples choose to have a pre-nupt in order to ensure that in the event of a separation, divorce, death or other event, property and assets are distributed according to their wishes. Another reason for entering into a prenup is if there are children involved from a prior marriage and the mother or father of those children wants to ensure that any property goes to them instead of the current spouse should a death or divorce occur.

There are circumstances where a pre-nuptial agreement can be deemed invalid; therefore, it is best for couples to consult with an experienced Chicago family law attorney if they would like to have a pre-nuptial agreement. Cases where pre-nupts may not be honored by the state include:

• One party is not represented by attorney.
• The document is not in writing.
• Unconscionable - If the pre-nuptial agreement is grossly unfair, a court may find it invalid. Agreements where one party is allotted substantially more than the other, or where one party isn’t allotted anything may not be enforceable.
• False or incomplete information - Each spouse must consent and willingly disclose and sign the agreement honestly.
• Duress or Coercion - Illinois law states that the signing of a pre-nuptial agreement must be voluntary. The Illinois Supreme Court defines duress as "a condition where one is induced by a wrongful act or threat of another to make a contract under circumstances which deprive [the individual] of the exercise of free will."

Pre-nuptial agreements can be amended in writing according to the wishes of the couple and amendments or changes can only be made if both parties agree on the document’s changes.

Nottage and Ward is a family law firm. We only practice family law with the best interests of our clients in mind at all times. Many couples who want to sign a pre-nuptial agreement need some extra guidance as far as the subject matter of the document and as experienced Illinois family law attorneys, we can help our clients make the best and most realistic decisions for them before they get married. To ensure that your pre-nuptial agreement is in accordance with Illinois state laws, it is best to consult with a qualified Chicago lawyer. With more than 20 years in practicing nothing but family law, Nottage and Ward has the experience, dedication and knowledge to help you make the best decision for you and your spouse. For more information, please call (312) 332-2915.

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