Are There Any Exceptions to What Can be Included in a Prenuptial Agreement?

Prenuptial agreements often get a bad “rap”. Some people assume that putting this type of legal document in place indicates doubts about your relationship or the likelihood that your marriage will last. Others have concerns about signing away all their rights. The fact is that a prenuptial agreement does neither of these things. It can actually help to protect you and strengthen your marriage. Our Chicago area prenuptial agreement attorney explains more about this issue and what is excluded when creating a prenup in Illinois.

Creating a Prenuptial Agreement

A prenuptial agreement, or premarital agreement as it is referred to under the Illinois Statutes, is a legal agreement that couples enter into prior to getting married. It does dictate the terms surrounding any settlements in the event of a divorce, but this is just a small part of what a prenuptial agreement can offer. Among the benefits of having our Chicago area prenuptial agreement attorney help you put one in place are the following:

• Provides full disclose of all individually owned property, assets, and debts
• Helps in clarifying financial goals for the couple and determining the type of lifestyle they want to live
• Provides estate planning protection, in the event one of the spouses passes or becomes incapacitated
• Establishes a foundation for honest communications about money, which can help a couple over the course of their marriage

Financial matters are one of the things couples argue about most often and are often cited in divorce proceedings. By encouraging open conversations about money and setting realistic expectations, creating a prenuptial agreement can actually help to strengthen your marriage.

What You Cannot Include in a Prenuptial Agreement in Chicago and Illinois

Wondering how a prenuptial agreement will impact your individual rights? This is a valid concern. As it is a legal document, it is binding and impacts your rights in divorce proceedings.

However, in order to be enforced, a prenuptial agreement must be fair and reasonable. This means it cannot include:

• Waiving of rights to individual property or assets not disclosed when creating the prenuptial agreement
• Terms that unjustly benefit one party over the other
• Provisions regarding the rights to children or child support
• Any type of agreement entered into under threat, coercion, or fraud

These are among the most common issues that must be excluded from a prenuptial agreement and if present, could make it unenforceable. It is also important for each party to have their own attorney review the terms of a prenuptial agreement prior to signing, simply to ensure their rights and best interests are protected.

Speak With Our Chicago area Prenuptial Agreement Attorney Today

Gordon & Perlut, LLC. has been helping couples with prenuptial agreements since 1998. Whether it involves creating one, reviewing it prior to signing, or contesting a prior agreement that was put in place, we provide the caring support and trusted legal guidance you need. To speak with our Chicago area prenuptial agreement attorney, give us a call at 312.360.0250 or contact our office online and request a consultation.