Prenuptial or Postnuptial Agreement

An agreement entered into between two parties intending to get married is a prenuptial agreement. An agreement entered into between spouses is a postnuptial agreement. I have substantial experience in drafting, negotiating and reviewing both types of agreements.

 

Prenuptial Agreement

Typically, a prenuptial agreement (also known as a "prenup" or "antenuptial" or "premarital" agreement) is entered by two people intending to get married in order to protect what each has coming into the marriage and/or what each will earn during the marriage. However, a prenuptial agreement can also protect one of the people in case of divorce by guaranteeing a certain amount of assets or maintenance (alimony) in case of a divorce, usually in order to encourage that person to enter the marriage without fear. Prenuptial Agreements are enforceable in Illinois except when they are against public policy.



I can negotiate or mediate between fiancé(e)'s with the aim of reaching an agreement that will determine what happens with your finances in case of divorce or death of the other spouse. If the soon-to-be-married couple has reached an agreement, I can formalize that agreement. If you received a prenuptial agreement drafted by your fiance or fiancee’s attorney, I can review it for you.


In a civil union, the prenuptial functions the same, it is simply termed a Pre-Civil Union Agreement.

 

Postnuptial Agreement

A postnuptial agreement (also known as a “postnup”) is much like a prenuptial agreement (see other column). The main difference is that it is entered into by you and your spouse in order to help preserve your marriage. For example, if one spouse begins feeling insecure in the marriage and wants some assurances in order to "stick it out." Postnuptial Agreements are enforceable in Illinois, but not as enforceable as Prenuptial Agreements because after married, an agreement may be entered into under the threat of divorce. Such an agreement must be drafted carefully.



I can negotiating or mediate between spouses with the aim of reaching an agreement that will determine what happens with your finances in case of divorce or death of the other spouse. If the couple has reached an agreement, I can formalize that agreement. If you received a postnuptial agreement drafted by your fiance or fiancee’s attorney, I can review it for you.



In a civil union, the prenuptial functions the same, it is simply termed a Post-Civil Union Agreement.


Please Contact Me to Learn More


Please call, e-mail or use the contact form to the left to contact me. It would also be helpful if you complete and submit the Family Law QuestionnaireI can advise you regarding your Illinois agreement regardless of your location. If you live or work in Chicago, elsewhere in Cook County, in DuPage County or in Lake County, we can meet in person.