Geneva Prenuptial and Postnuptial Agreement Lawyers

Dedicated Family Law Attorneys for Prenups and Postnups in Geneva, IL

If you are planning to get married, do you need to have a prenuptial agreement? Prenuptial agreements, which are known as premarital agreements under Illinois law, are governed by the Illinois Uniform Premarital Agreement Act (750 ILCS 10/). While many Illinois residents think that prenuptial agreements are only for the wealthy, premarital agreements can be important tools for many different types of people, regardless of income level.

At Serrano Hanson & Hurtado, LLC, we regularly assist clients who have concerns about protecting assets and addressing issues like spousal support in the event of divorce. Our attorneys have over 50 years of combined experience in family law, and we provide personalized and timely service to each and every client. Premarital agreements can be helpful in a variety of cases, and we can discuss the specific facts of your situation today to help you make an informed decision.

Customized Approach to Your Premarital and Postnuptial Agreement Needs

Each prenuptial agreement is different, and it is extremely important to discuss the facts of your case with a dedicated family lawyer. But first, you should know what the law allows you to include in a prenuptial agreement. It is important to remember that these contracts are not limited to the disposition of property or other assets if you decide to file for divorce. To be sure, Illinois law permits couples to enter into an agreement about many different matters that can arise during a marriage, including but not limited to the following:

• Specific rights and obligations of each party with regard to property
• Rights to buy, sell, use, exchange, lease, and generally control property
• Property disposition in the event of separation, divorce, or death
• Modification and/or elimination of spousal support
• Ownership rights in life insurance policies
• Other personal matters that do not violate statutory law or public policy concerns

Illinois law does not permit couples to make decisions about child support or child custody ahead of time. The statute makes clear that a child's right to receive financial support from a parent cannot be affected by a prenuptial agreement. This is because the state will always prioritize the best interests of the child, which may not always align with what parents agree on in a prenuptial agreement.

What about postnuptial, or postmarital, agreements? Similar to a premarital agreement, contracts that spouses enter into after a marriage are known as postnuptial agreements. In nearly all cases, these contracts are less preferable than premarital agreements. After a marriage already has taken place, it is more difficult to negotiate terms, and courts can more readily invalidate postnuptial agreements than they can premarital agreements.

Premarital agreements tend to face in-depth examination by courts in Illinois. Premarital agreements are not enforceable in many situations, including the following:

• One of the parties did not enter into the agreement voluntarily.
• The agreement was unconscionable.

In some cases, even if a court does not determine that the premarital agreement is unconscionable or involuntary, it can still require one spouse to make spousal support payments—even if the premarital agreement eliminated spousal support—if the lack of that support would cause the person to suffer undue hardship due to circumstances that the parties could not have foreseen at the time the premarital agreement was executed.

Contact Our Geneva, Illinois Prenup/Postnup Attorneys

Issues related to prenuptial and postnuptial agreements can be extremely complex, and you should always discuss your case with an experienced divorce lawyer. We recognize that every marriage comes with unique circumstances, and our attorneys can help you draft a pre- or postnuptial agreement that suits your specific needs. Contact Serrano Hanson & Hurtado, LLC today at 630-844-8781 to learn more about our services. We serve clients in Kane, DuPage, Kendall, and DeKalb Counties.