In today’s day and age, more and more couples are taking the initiative and drafting prenuptial agreements to be better prepared for the future. If you are interested in doing so, please continue reading and contact an experienced Tazewell County prenuptial agreement lawyer here at Butler, Giraudo & Meister, P.C. to learn more about how our legal team can assist you.
Do I Need a Tazewell County Prenuptial Agreement Lawyer?
Prenuptial agreements can be very complex documents with very serious legal implications. Although you technically do not need an attorney to draft a prenuptial agreement, hiring an experienced Tazewell County family law attorney to help you through the process is advised. Failing to hire an attorney can result in you improperly completing the document, which may make the document unenforceable or result in other unintended consequences.
The Function of a Prenuptial Agreement
Prenuptial agreements in Illinois can protect many assets and help lay the framework for what would happen, should you ever get divorced in the future. Some of the terms that you can specify in your prenuptial agreement are as follows:
- What will happen with certain assets, should you get divorced
- Who has the right to buy, sell, or keep certain assets
- Who has the right to real estate properties
- What will happen with inheritances
- Future alimony terms
- What will happen with certain life insurance benefits
Ensuring a Prenuptial Agreement is Valid & Enforceable
Just like any other legal document, for a prenuptial agreement to do its job, it must be considered valid and enforceable in the eyes of the state. This means that it will have to meet several criteria. They are as follows:
- They must be in writing
- They must be signed by both parties
- They must be fair and just to both parties
- They must be drafted before marriage
- There must be no evidence of coercion or deceit into signing the agreement
- Both spouses must provide full disclosure of their assets
Though it is too late to draft a prenuptial agreement if you are already married, you may still draft a postnuptial agreement with your spouse. Postnuptial agreements largely serve the same purpose as prenuptial agreements, but they are exclusively created and signed after a couple is married. Remember, drafting such an agreement is not an acknowledgment of the beginning of the end of a marriage; it is simply a useful tool that can help couples protect their assets and have peace of mind, should the worst ever happen.
Contact a Tazewell County Prenuptial Agreement Lawyer
All those in Central Illinois who need assistance drafting a marital agreement shouldn’t hesitate to speak with an experienced Tazewell County prenuptial agreement lawyer who can help guide them through the process. Contact Butler, Giraudo & Meister, P.C. today to learn more about how our legal team can assist you.