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Wheaton Prenuptial and Postnuptial Agreements Attorney

Knowledgable Lawyer for Prenups and Postnups

Prenuptial agreements (prenups) and postnuptial agreements (postnups) are legal documents that can help protect each spouse's financial interests in the event of a divorce. While prenuptial agreements are signed prior to marriage, postnuptial agreements are signed after a couple is already married. For couples looking to create a prenuptial or postnuptial agreement, it is essential to understand what each document entails and the potential benefits that these agreements can provide.

At Fawell & Fawell, our dedicated family law attorney has helped countless couples negotiate and execute prenuptial and postnuptial agreements, giving us the experience necessary to ensure that these documents are completed correctly. When you retain our legal services, you can be assured that we will always have your best interests in mind, and we will advise you on the steps you can take to ensure that your legal objectives can be met.

What Can Prenuptial and Postnuptial Agreements Address?

Prenups and postnups are generally used to address issues related to property and finances in the event of a divorce, although they may also specify each spouse's rights toward property during their marriage, which can help them understand how they will work together to address financial concerns. An agreement may identify certain assets as either marital or non-marital property, and it can specify how different assets will be allocated between spouses when dividing property during a divorce. A prenup or postnup can also address spousal support, including stating whether one spouse will pay support to the other, the amount that will be paid, and the duration of these payments.

Why Choose a Prenup or a Postnup?

There are several reasons why a couple may choose to have a prenup or a postnup, including:

  • Asset protection - One common reason couples choose to sign a prenuptial agreement is to protect assets that a person owned before getting married. These can include businesses, investments, real estate, or other types of assets. Similarly, postnuptial agreements can be used to protect property that has been acquired over the course of the marriage and ensure that each spouse will be able to continue owning assets that are important to them.
  • Estate planning - Prenuptial and postnuptial agreements can also be helpful in addressing what will happen in the event of a spouse's death. They can clearly spell out how assets will be allocated among family members, including how children will be provided for.
  • Debt allocation - In addition to protecting assets, prenuptial and postnuptial agreements can also be used to protect against debt. An agreement may ensure that one spouse will not be responsible for repaying debts that the other party brought to the marriage, and it may also specify that one party will be responsible for joint debts that are incurred during the marriage.
  • Support planning - Prenups and postnups can also serve to establish and clarify spousal support obligations. This can include specifying the amount and duration of support and outlining provisions for modifying or terminating support in the future.
  • Marital communication - The process of negotiating and drafting prenuptial agreements can help open lines of communication between spouses about financial matters and other issues that may arise during their marriage. This communication can help minimize disputes and misunderstandings, improving the overall health and stability of the relationship.
  • Peace of mind - Finally, one of the primary reasons for signing prenups and postnups is simply to provide peace of mind for both parties. Spouses can feel more secure in their financial future by setting clear rules for dividing property and ensuring that they will have the resources needed to support themselves, regardless of what happens in the future. The existence of a prenup or postnup can also help avoid or reduce the conflicts that may arise in the event of a divorce.

As with any legal document or family law matter, legal counsel is highly recommended for those who are looking to enter into a prenuptial or postnuptial agreement. Understanding the potential implications of an agreement and the steps that can be taken to make sure an agreement will be enforceable will help ensure that you will be able to make the best decisions for your future.

Contact a DuPage County Prenuptial Agreement Attorney

At Fawell & Fawell, our skilled family lawyer is ready to guide you through the legal process of creating a prenup or postnup, and we will work with you to ensure that all of your legal objectives are successfully met. For more information regarding prenuptial and postnuptial agreements, contact us at 630-871-2400 and set up a free consultation today.

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