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Estate Planning, Wills and Elder Law
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PRE NUPTIAL AGREEMENTS /
POST NUPTIAL AGREEMENTS
A premarital agreement, also commonly referred to as a prenuptial or antenuptial agreement, is a contract entered into by the parties before marriage that defines what will happen if the marriage ends, either by dissolution or the death of one of the parties.
A postnuptial agreement is an agreement that spouses may enter into after they are married and under circumstances where they choose to remain married, but want to divide their assets to provide for a specific division in the event of dissolution of marriage or death.
A couple's decision to enter into a prenuptial or postnuptial agreement is a personal one. Perhaps there is a large disparity between the separate assets you and your spouse-to-be are bringing into the marriage, or one of you has a need to protect the futures of children from a previous marriage. In other situations, we counsel people who simply want certain boundaries and expectations established.
A prenuptial or postnuptial agreement should be entered with an understanding of existing Illinois legal principles that apply to marriages, and particularly those rules that apply to the division of property upon divorce. Parties contemplating these agreements need attorneys to understand the delicate balance necessary for the marriage to occur or be preserved when negotiating for the financial results the parties seek to achieve.
Depending upon your personal circumstances, a prenuptial or postnuptial agreement may make sense for you and your spouse-to-be. At The Law Firm of Wendy R. Morgan, our experienced attorneys can help you understand what a prenuptial or postnuptial agreement can and cannot accomplish and create an agreement that works for you.
If you have questions about a Prenuptial or Postnuptial Agreement, contact The Law Firm of Wendy R. Morgan to schedule your consultation with one of our experienced Family Law Attorneys.
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