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Wheaton prenuptial agreement lawyerPrenuptial agreements have historically been considered taboo. After all, who plans their divorce before they are even married? In recent years, prenups have become increasingly popular and are no longer just for celebrities. Couples from all walks of life have begun to recognize how a prenuptial agreement could be beneficial to their marriage and peace of mind. In the event that you do get divorced, a prenuptial agreement acts as the framework for the divorce agreement, making the entire legal side of the divorce process easier.

A Prenup Cannot Include the Following

If you end up getting divorced, your prenuptial agreement will save you some time, as long as your agreement is valid. However, there are certain things that you cannot include in a prenuptial agreement for it to be considered legally valid. If your prenup is found to include some of these details, the court can decide to throw out the invalid parts, or the entire agreement may be considered invalid. Here are a few things that cannot be included in Illinois prenuptial agreements:

  • Anything concerning parental rights or child support: One topic that is always off-limits with prenuptial agreements is your children. You cannot address the allocation of parental responsibilities or child support in a prenup, because you cannot predict what will be best for your child in the future. If you do get divorced, and you have children, the court will determine child support and allocate parental rights based on what is in the child's best interests at the present time.

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Naperville postnuptial agreement lawyer50 years ago, your average American probably would have raised their eyebrows in disbelief or widened their eyes in shock if you told them that you were getting a prenuptial or postnuptial agreement. For years, there was a stigma against these types of agreements as being a way to plan for a divorce instead of trying to make a marriage work. Now, most people are much more agreeable to the idea of prenuptial or postnuptial agreements. Both types of agreements allow you to set forth terms for separation if your marriage heads down the track of divorce. The only difference between these two types of agreements is when they are signed — a prenuptial agreement is signed before the marriage, while a postnuptial agreement is signed any time after the marriage has been officiated.

Reasons to Get a Postnuptial Agreement

Prenuptial and postnuptial agreements are more common than they ever have been before, even for those who are not considered upper class. There are many situations in which getting a postnuptial agreement makes sense. These can include:

  • One spouse came into the marriage with significant assets, and a prenuptial agreement was not signed.

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DuPage County prenuptial agreement lawyerPrenuptial agreements have become more common than ever, yet many couples continue to tie the knot without this form of additional security. There is a preconceived notion that prenuptial agreements are only beneficial for the wealthy; however, every couple can benefit from a prenup. A prenuptial agreement is a legal document that outlines how certain issues will be handled if the couple ever files for divorce. The agreement must be signed by both parties, of their own free will, before the wedding takes place. There are many things that you can include in a prenuptial agreement, and it is important that you consider all of your options before you sign it.

The Engagement Ring

One of the basic purposes of a prenup is to protect your personal property from being considered marital property in the event of a divorce. Since the engagement ring is given prior to the marriage, it is technically the property of the receiving spouse. In order to protect this asset, you should have your ring appraised to know its financial value, then include it as one of your personal assets.

Your Pets

Another thing that many couples do not plan for beforehand is the placement and ownership of their pets post-divorce. Many people consider their pets to be part of the family, so they can easily become a point of contention in a divorce. You should list any pets in your prenuptial agreement and clearly state who will care for that pet, both physically and financially.

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Naperville prenuptial agreement attorneyEveryone thinks that marriage is forever — and for many people it is. But for some Americans, divorce is still very much a reality. Depending on the source, the divorce rate has lingered around 40 to 50 percent for the past decade or so. Getting a divorce can turn your entire life upside down and can even change your financial situation for the worst. One thing you can do to protect yourself before you get to that point is to get a prenuptial agreement.

A prenuptial agreement is a legal document that you can use to dictate how certain things will be handled in the event of a divorce. This can be greatly beneficial in reducing the amount of conflict and the length of time it takes to complete a divorce if you and your spouse ever get to that point. In order for your prenuptial agreement to be enforceable and valid, there are certain things that are not permitted in a prenuptial agreement and certain rules and procedures you must follow when creating one. Here are a few mistakes you should avoid while creating your prenuptial agreement:

1. You and Your Spouse Did Not Have Different Attorneys

One of the basic requirements of a prenuptial agreement is that you and your spouse both have independent legal representation. If you and your spouse do end up getting a divorce, what is best for you may not be what is best for your spouse. A single lawyer cannot advocate for both you and your spouse equally.

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