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Family law: Could a prenuptial agreement be right for you?

On Behalf of | May 4, 2020 | Family Law |

Couples in love usually end up wanting to share everything and if marriage is in the cards, that usually means the sharing of assets as well. Illinois family law has some tools in place for those individuals who don’t foresee issues in their marriages, but who want to be prepared, just in case. That’s where a prenuptial agreement comes in.

In many cases, a prenuptial agreement makes a lot of sense. It allows the couple to decide how assets and debts should be divided should the marriage end. It takes the matter out of the state’s hands. More couples have been using prenups in the last few years — especially those who have been married more than once and who are a part of blended families. Instead of seeing this type of agreement as being negative, couples might look at it as a way to open up communication and learn to compromise within the relationship.

Prenups are especially prudent is one partner has more assets than the other and if one spouse earns more money than the other. Those who own businesses should definitely consider a prenuptial agreement since the document can be an added safeguard. Prenups can also speak to other issues such as how a family pet would be treated in the event of a marriage breakdown.

Getting independent advice from an Illinois family law attorney regarding a prenuptial agreement is crucial. A lawyer is able to advise a client as to what it takes for the document to be legal in the state. A lawyer can draw up a prenuptial agreement that will hold up legally if and when it is needed.