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Prenuptial and Postnuptial Agreements


Attorneys for Preparation of Premarital Agreements

Couples getting married who have a high net worth, children from prior marriages, and other complex issues often want a written agreement that addresses these issues in the event of a divorce. If the agreement is prepared and signed prior to the marriage, it is known as a prenuptial (or premarital) agreement. If the document is completed after the couple is married, it is known as a postnuptial agreement. Prenuptial and postnuptial agreements are important documents that can impact your future in numerous ways. For this reason, these documents should be prepared and reviewed by a seasoned family law attorney before signing.

At the Law Office of Vogel & Mourelatos, LLC, we have over three decades of combined experience helping clients with prenuptial and postnuptial agreements and other important family law matters. Our attorneys have served thousands of clients in Kane County and the surrounding areas, and we are well-established and trusted in the local community. We understand the hesitancy individuals often have about entering into a premarital agreement. We can provide experienced counsel and ensure that, if you decide to go forward with a prenuptial agreement, the agreement thoroughly addresses your needs and protects your interests.

What Issues Can Be Addressed in a Prenuptial or Postnuptial Agreement?

A premarital agreement can cover most areas that would come up if the marriage is dissolved. This includes:

  • Asset Division: With a prenuptial agreement, couples can determine in advance what property is considered part of the marital estate and how the property will be divided if the marriage is dissolved. They can also address existing debts, tax implications, and other financial issues.
  • Alimony/Maintenance/Spousal Support: Prenuptial and postnuptial agreements can specify how much spousal maintenance will be paid if the couple is divorced.
  • Estate Planning: If the couple is bringing in children from prior marriages, a prenup can be a helpful estate planning tool that can specify which property will be passed on to their children when they die.

There are some areas that are beyond the scope of what a premarital agreement can cover. For example, the right of a child to receive support cannot be impacted by what is written in a prenup. The amount of child support is determined by the courts at the time of the divorce based on the needs of the child(ren). Allocation of parental responsibility is another issue that a prenuptial agreement cannot address. This also is determined at the time of the divorce based on the best interests of the child(ren).

Prenuptial and postnuptial agreements are permanent and can usually only be changed if both spouses agree to the change in writing. There are some instances, however, when a prenuptial agreement may be declared invalid, such as:

  • If the agreement is vague or poorly worded.
  • If the agreement is not properly signed and executed.
  • If the agreement was signed under duress, coercion, threats, or lacking proper mental capacity.
  • If one or both spouses failed to disclose and/or misrepresented information in the agreement.
  • If one or both spouses did not have the agreement reviewed by an attorney.
  • If the court deems that the agreement is unreasonable and highly favors one party over another.

What Issues Can Be Addressed in a Prenuptial or Postnuptial Agreement?

At the Law Office of Vogel & Mourelatos, LLC, we recognize that there is a stigma that is attached to premarital agreements. These agreements can be very beneficial, however, because they can ensure that your interests and the interests of your children are protected in the event of a worst-case scenario. Without a prenup, these important issues will likely be decided by the court.

For skilled guidance on prenuptial and postnuptial agreements, contact us today at 847-428-7725 or 630-200-4882 for an initial consultation. We serve clients in Kane County, McHenry County, DuPage County, Cook County, Rolling Meadows, Algonquin, Barrington, Barrington Hills, Batavia, Bull Valley, Burlington, Campton Hills, Carpentersville, Cary, Crystal Lake, Dundee, East Dundee, Elgin, Geneva, Lake in the Hills, Pingree Grove, St. Charles, South Elgin, West Chicago, West Dundee, Woodstock, and the surrounding Illinois communities.