Premarital & Postnuptial Agreements

What is a Prenuptial Agreement?

Frequently, couples who are planning to marry enter into a written agreement that determines what happens to each party’s individual assets and any joint assets in the event of divorce, legal separation or death. While the contents of these agreements can vary, they typically include provisions regarding property division and spousal support.

These agreements are referred to as a prenuptial agreement, an antenuptial agreement, or a premarital agreement. If you are considering entering into one of these agreements, a skilled lawyer can help you properly document your wishes.

The advantages of having a prenuptial agreement for both parties are:

• Avoiding Litigation Costs
• Protecting Family Assets
• Protecting Business Assets
• Protection against Creditors
• Child Custody and Support Guidelines for each party
• Predetermined Disposition of Property

Bruzgul & Associates drafts, reviews and negotiates prenuptial and post-nuptial agreements. The goal of these agreements are to ensure that their separate property is protected and does not become a marital asset that is subject to division as a part of a divorce.

Can A Prenuptial Agreement Be Challenged?

A judge cannot simply toss out a valid contract between the parties. However, if the prenuptial agreement is contested, the court can consider whether the less-monied spouse gave informed consent under Illinois statute. The Court will consider factors such as:

• Was the agreement patently unfair?
• Was it presented as an ultimatum on the eve of marriage?
• Did the agreement fully disclose all assets and income of the parties?
• Was the original prenuptial agreement amended after the marriage?