Cook County Prenuptial Agreement Attorney
Safeguard Your Assets in the Chicago Metro Area, Will County, and Beyond
If you're getting married, a prenuptial agreement is a wise investment in your future. It’s “relationship insurance,” so to speak, and it does not reflect unfavorably on your feelings for each other, now and in the future. Too many couples allow romantic stars in their eyes to blind them to relationship reality. Life is unpredictable—and a prenuptial agreement gives you the opportunity to specify what will occur with your assets in the event of a divorce.
A prenuptial agreement, or "prenup," is a smart choice that allows you to protect assets you bring into the marriage, as well as those you will acquire afterward. Drafting a prenup with the help of Attorney Roland P. Ernst and the Law Offices of Carr, O'Rourke & Ernst, LTD can ensure your best interests are well taken care of should feelings change in the future. Making the decision to enter into a prenuptial agreement with your spouse-to-be now can also save you headache and strife should the time come for divorce or legal separation.
What is a Prenup?
In Cook County, Illinois, a prenup is also commonly known as a premarital agreement. A prenup is a legal agreement made before marriage that outlines how assets, debts, and financial responsibilities will be divided in the event of divorce or the death of one spouse.
A prenup can be a useful tool for couples who want to ensure that their financial interests are protected in the event of a divorce or other legal dispute. Prenups can be customized to fit the specific needs of each couple, and can cover a variety of issues, such as:
- Property division
- Spousal support
- Inheritance rights
We can help ensure that all necessary legal requirements are met, and that the agreement reflects your unique interests and goals.
With a prenup in place, couples can enter into marriage with peace of mind, knowing that their financial interests are protected. If you are considering a prenup in Cook County, Illinois, contact the Law Office of Carr, O'Rourke & Ernst, LTD to learn more about our prenuptial agreement services and how we can help you create a customized prenup that meets your needs.
How to Get a Prenup
In Illinois, a prenuptial agreement can be created by following these steps:
- Hire an attorney: Both you and your fiancé should hire separate attorneys to help you create a prenuptial agreement that meets your needs and complies with Illinois law.
- Disclosure of assets: Each party must fully disclose its assets and liabilities to the other party.
- Discuss and agree on terms: You and your fiancé should discuss and agree on the terms of the prenuptial agreement, such as how property will be divided in the event of divorce, whether spousal support will be paid, and how inheritance and retirement accounts will be treated.
- Draft the agreement: Once you have agreed on the terms, your attorneys will draft the prenuptial agreement.
- Sign the agreement: Both parties must sign the agreement before a notary public.
- File the agreement: The agreement should be filed with the county clerk's office where you plan to get married.
It's important to note that a prenuptial agreement may be challenged in court if it is found to be unfair or if it was signed under duress. Therefore, it's important to ensure that both parties understand the terms of the agreement and that it is entered voluntarily.
For help protecting your assets, contact a Chicago prenup attorney online. We offer free initial consultations.
Drafting Valid Prenup Agreements
A prenuptial agreement is only valid if it is written down and signed by both parties, who then become legally married. This document may also be revoked or amended at a later date, should both spouses agree and make the changes in writing.
Prenups work best when they are backed by trust.
Each party should agree to the document after the other party has provided them with a financial disclosure that states their:
- Earned income;
- Any property they are bringing into the marriage; and
- Any current debts.
A prenup is a useful tool to provide clarity and avoid unneeded stress when it comes to a couple’s financial future. It can be used to outline obligations, and how they will be met, as well as define expectations when it comes to financial matters in the future. It may also provide financial independence for a spouse who has built up the resources to support themselves and provide help to a spouse who may have fewer financial resources.
Importantly, a well-drafted premarital agreement can protect assets you bring into the marriage, such as:
- Primary and vacation homes
- Deferred Income
- Stocks, bonds, and stock options
- Life insurance benefits
A prenup can also provide for maintenance payments and property distributions in the event of a divorce.
Contact a Skilled Prenup Lawyer Today
To learn more about a prenuptial agreement, how it can protect your assets, and if it is right for your situation contact Attorney Ernst.
We can help you draft a solid prenuptial agreement that protects your best interests and addresses the financial issues that are important to you in your marriage. You can rest easy knowing that your financial future is more secure.
Call (708) 394-7361 to schedule your free consultation with a Cook County prenup lawyer.
Our Client Testimonials
“Roland was an excellent listener and took the time to understand and empathize with what was important to me in outcomes. He not only understood the law, but could see the areas where we could negotiate with my ex and her lawyer.”