Need a prenup? Contact O. Long Law.
At O. Long Law, LLC, we understand that discussing prenuptial agreements can be a sensitive topic. However, these agreements are an essential tool in protecting your assets and planning your financial future. These documents are not a forecast of divorce but rather a strategic plan to safeguard individual assets, clarify financial responsibilities, and reduce potential disputes in the future.
Prenuptial agreements, often called “pre-nups,” are legal contracts drafted and signed before marriage. They establish how assets, debts, and other financial matters will be handled if the marriage ends in divorce or death. While it’s not a romantic topic, having a clear, well-crafted prenuptial agreement can provide peace of mind and security for both parties involved.
Why Our Firm?
With O. Long Law, you gain the advantage of our commitment to comprehensive prenuptial agreement services.
Clients Benefit From:
- Seasoned legal professionals dedicated to safeguarding your financial interests through prenuptial agreements.
- A collaborative approach that ensures you and your partner are on the same page.
- Extensive experience in crafting and validating prenuptial agreements, both in negotiation and in court.
- Proficiency in handling all aspects of prenuptial agreement hearings and proceedings.
- Transparent and candid guidance to keep you fully informed throughout the process.
- O. Long Law empowers clients to enter marriage with confidence, knowing their financial interests are secure.
O. Long Law empowers clients to start this next chapter of life without worrying about their options.
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Illinois Prenups: Key Considerations
The Long & Short of It…
Prenuptial agreements serve as a roadmap for managing financial matters in case the marriage ends due to divorce or death. While discussing prenuptial agreements can feel uncomfortable, they’re not a prediction of marital failure. Instead, think of them as a safety measure—a strategic plan that protects individual interests, clarifies financial duties, and minimizes potential conflicts down the line.
In these agreements, each spouse provides a detailed account of their financial situation, including all personal and shared assets, as well as any debts. Prenuptial agreements commonly address issues such as property distribution, management of assets, spousal support, and inheritance rights. They lay out a clear plan for handling these matters, reducing ambiguity and potential disputes in the face of adversity.
However, it’s crucial to note that prenuptial agreements have their limitations. They cannot dictate decisions relating to child support, parental responsibilities, or parenting time. The well-being of children is always paramount, and these decisions are made during the divorce process, guided by the principle of the child’s best interests.
Postnuptial agreements are similar to prenuptial agreements but are signed after the couple is already married. These contracts can protect many of the same assets and address the same issues as prenuptial agreements. They can be particularly useful for couples who are separated or considering separation but haven’t yet decided on divorce.
For instance, if one spouse starts or acquires a business during the marriage and wants to keep it separate from the marital estate, a postnuptial agreement can be beneficial. The same applies when one spouse inherits or is gifted property or assets that they wish to keep separate from the marital assets or when one spouse makes a significant investment or incurs other debts that the other spouse does not want to be legally responsible for.
However, the enforceability of both prenuptial and postnuptial agreements can be contested in court. If a judge finds that the agreement was made under duress, wasn’t properly prepared, or that one spouse didn’t fully disclose vital information, they may deem the agreement invalid.
This is why it’s essential to have experienced legal representation when creating these agreements. At O. Long Law, LLC, we bring our professional expertise, confidence, and empathy to the table, helping you navigate these complex processes with clarity and assurance. We’re committed to protecting your interests and ensuring that your prenuptial or postnuptial agreement stands up to scrutiny, providing you with peace of mind for the future.
Make sure you're protected.
What is a prenuptial agreement?
A prenuptial agreement is a legal contract signed by a couple before they get married, which sets out how their assets will be divided if they divorce or separate.
Are prenuptial agreements enforceable?
Yes, prenuptial agreements are generally enforceable if they are properly prepared and signed voluntarily by both parties. However, a court can choose not to uphold the agreement if it is deemed unfair or if full disclosure of assets was not made at the time of signing.
Can a prenuptial agreement be changed after marriage?
Yes, prenuptial agreements can be amended or revoked after marriage with a postnuptial agreement. Both parties must agree to the changes in writing.
Does a prenuptial agreement cover child custody and support?
No, prenuptial agreements cannot determine decisions about child custody, support, or parenting time. These issues are resolved during the divorce process based on the best interests of the child.
Does it matter when I sign my prenuptial agreement?
Yes, you want there to be enough time (ideally more than a month) prior to your wedding date to ensure everyone has sufficient opportunity to consider the terms of the agreement.
Where Do You Practice & How Do I Reach You?
We handle prenups in Cook, Lake, Will, and DuPage counties. We are based in Evanston, on Chicago's North Shore, which includes the communities of Northbrook, Deerfield, Glenview, Northfield, Glencoe, Highland Park, Kenilworth, Lake Bluff, Lake Forest, Wilmette, and Winnetka.
We'll schedule a quick 30-minute call to set up a consultation. One of our lawyers will review your situation, go over what's important to you, and offer some advice.
Our hours are Monday through Friday from 9 am until 5 pm, and currently, we're holding meetings via telephone or Zoom.