Getting married is a big decision you do not want to take lightly. One thing to think about is all of the financial implications of getting married before you say "I do." A good way to protect your finances and assets is with a prenuptial agreement (prenup), also known in Illinois as a premarital agreement.

Whether or not a prenup is a good idea will depend on your individual circumstances. Having an in-depth discussion with an attorney is a great idea if you are currently leaning toward the side of uncertainty.

What Can I Include in a Prenup?

Premarital agreements can cover various topics under Illinois statute 750 ILCS 10/4:

When you meet the person you truly love and decide to settle down with forever, you basically look forward to spending the rest of your lives together. Unfortunately, some marriages aren’t meant to last. This explains why couples sign prenuptial agreements before tying the knot.

Should the marriage end in divorce, the prenup would separate marital property from personal property. To achieve its intended purpose, however, your prenup must be valid. So, what can invalidate a seemingly authentic prenup?

Here are common reasons why your prenup may not survive a legal challenge:

If your prenuptial agreement is not drafted and filed properly, it’s going to be invalid. You and your spouse can’t simply write out a note at home and store it in the safe deposit box, for instance. It’s not a legally binding document.

However, even if you take the proper steps to draft and file that prenuptial agreement, it may still be invalid. This isn’t something that you want to find out right before you file for divorce, so carefully consider why it may be invalid in advance.

It addresses child custody

First and foremost, your prenuptial agreement has to be financial in nature. You can discuss how to split up the money that you have or the assets that you own, but you cannot say anything about how you would split up custody of your children.

Many people who are resistant to prenuptial agreements and post-nuptial agreements claim that they don't want to use them because it will make it more likely that they're going to get divorced. They feel like having the prenup is going to weaken the marriage because it shows that they are already considering a divorce before they've even gotten married.

But could the opposite be true? Is there actually a chance that the prenup could make you less likely to get a divorce, giving you a stronger marriage?

You have to talk about your finances

One thing to keep in mind is that people often say that the reason they're getting a divorce is due to financial stress. This can take many different forms, such as an inability to talk about money with each other or different ways that the two of you view your shared assets.

Prenuptial agreements have a reputation of being unromantic. Some may even go as far to say that prenups show a lack of commitment to a marriage. However, this reputation is undeserved. In fact, a prenup can protect you and your loved ones in a variety of ways.

Protect the family business

Take, for example, married business partners. The family business can be protected through a prenup to the benefit of the couple’s respective interests in the business should they divorce. However, the business itself also benefits from having a continuity plan established should the business outlast the marriage.

Protect children from a previous marriage

Another example is that of the blended family. It is not unusual these days for a parent to remarry after a divorce. A prenup can protect the interests of children from a previous marriage by allocating assets to them in the event of divorce or death, not unlike a trust.