Post Nuptial Agreement Illinois

 

What is a post nuptial agreement?

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Post nuptial agreements are primarily used for two reasons:  first, for a valid agreement on how the spouses will operate financially while keeping the marriage together, and second, to contract what would happen financially if the marriage dissolves.

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How does a postnuptial agreement differ from a premarital agreement?

 

Prenuptial agreements are clearly made before the parties marry, to predetermine such financial matters as maintenance (alimony), division of assets, and retention of pre-marital property.  Postnuptial agreements can be made at any time while the marriage is still intact, and has not irretrievably broken. 

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Is a post nuptial agreement right for me?

 

The reasons for a postnuptial agreement vary.  Perhaps the couple do not want to divide their years of hard-earned marital assets by divorcing, but need to set financial boundaries on debt, spending, and the award of certain assets to stay married.  If the couple has been on the brink of divorce several times throughout the marriage, a postnuptial agreement can, in calmer times, set the terms for what they believe would be an equitable settlement should divorce talks happen again.  And finally, a postnuptial agreement can determine estate planning if the couple did not have a prenup.  The postnup becomes the contract between the couple regarding assets to be left to the other spouse, to children from a prior marriage or to children of the current marriage, all upon the death of the other spouse.

 

Not surprisingly, a postnuptial agreement can be balm that saves a marriage.  While these same financial subjects can be discussed between the parties or addressed in marital counseling, having a signed, written agreement can be the assurance the couple needs to face the future. 

 

Choose Ciesla Beeler

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Postnuptial agreements may be challenged if not properly prepared.  The attorneys at Ciesla Beeler have extensive experience in these domestic relations matters.Our attorneys are recognized throughout Illinois and are ready to meet with you to assess your case and provide sound legal strategies to address your situation.  Contact us today via email info@cieslabeeler.com or call 847.868.1860 for your free consultation.