Prenuptial Agreements

Advice about Prenuptial Agreements in Suburban Chicago

There are many situations in which it makes excellent sense for persons contemplating marriage to negotiate and document their agreement that certain provisions of the Illinois Marriage and Dissolution of Marriage Act will not apply in the event of their divorce. For example, a person might be asked to waive rights to spousal maintenance, specify certain assets as separate property excluded from just distribution, or acknowledge certain debts as his or her own separate liability. If you believe that a prenuptial agreement is right for your circumstances, or if you want an experienced lawyer to review the terms of a proposed agreement with you, contact the Barrington office of Thomas W. Hunter, Attorney at Law.

Prenuptial agreements often make best sense for older persons marrying for a second or subsequent time, persons with grown children who might begin a new family with a new spouse, persons who expect to receive a substantial gift or inheritance, or persons with a substantial disparity in net worth or income at the time of marriage.

While a premarital agreement can be effective for anticipating and addressing alimony or property division questions in the event of a divorce, it cannot alter Illinois family law with respect to child custody, or relieve a party of child support obligations under the applicable guidelines. As for financial and property matters between the spouses themselves, however, the parties are generally free to negotiate any reasonable terms that fit their circumstances and goals.

As a practical matter, prenuptial agreements—or postnuptial or reconciliation agreements negotiated after marriage—very often reflect an inequality in bargaining power between the parties. In order to make up for this imbalance, the law generally requires that each party make a full disclosure of his or her financial assets and liabilities, and that the party asked to sign the agreement be given an opportunity for independent legal review of its terms.

Our attorneys can explain the practical consequences of all of the terms of a proposed prenuptial agreement if you need help reviewing its terms. We can also draft and document your agreement in a manner that will help preserve its enforceability.

In divorces where a prenup is in place, the court has the discretion to disregard the terms of the agreement under what is known as the Second Look Doctrine, which applies in cases where it would be unfair to enforce the agreement as written. The authority of a family court judge to throw out a one-sided agreement puts a premium on fundamental fairness in the drafting of premarital and postnuptial agreements. With more than 30 years of family law experience, our attorneys have both challenged and defended the terms of prenuptial agreements according to our client's interests in a given case.

For a free consultation about our experience and ability to provide effective client service on any aspect of prenuptial or postnuptial agreements, contact our office in Barrington.