Developing A Strong Prenuptial Agreement
People with family businesses and other significant assets often use prenuptial agreements to protect their property in case of divorce. Many people entering second marriages use prenuptial agreements to protect assets from a prior marriage.
As a family law attorney with more than 30 years of experience in the western Chicago suburbs, Terry Fawell can advise you on whether you need a prenuptial agreement and how to make that agreement effective and enforceable. Fawell & Fawell offers a free initial consultation to discuss your case.
More Information About These Agreements
- Prenuptial agreements are worthwhile only if you have sufficient assets. You don’t need a prenuptial agreement to protect items such as a car.
- You can protect separate property without a prenuptial agreement by keeping the property in your name only and not combining it with marital property.
- In addition to marital property division, a prenuptial agreement can determine whether a spouse will receive spousal maintenance/alimony and the amount of any maintenance in a divorce.
- To be enforceable, prenuptial agreements need to be reasonable and fair. A court can nullify a prenuptial agreement that is unconscionable.
- Your spouse generally must be represented by his or her own attorney or at least have an opportunity to have an attorney view the agreement for it to be enforceable.
Get A Free Consultation: 630-480-6253
To learn more about asset protection and prenuptial agreements, contact Fawell & Fawell. From our office in Wheaton, we serve clients in DuPage, Kane and Will counties.