A prenuptial agreement is a critical legal tool in Illinois that can protect your property in case you divorce. A prenup can also be used to address other common problem areas in a divorce, including alimony, the rights of the surviving spouse if the other passes away, and more.
However, certain things cannot be put in a prenuptial agreement, which are described below. If you want to consider a prenup, speak to our experienced prenuptial agreement lawyer in Chicago, Michael C. Craven. Attorney Craven is recognized as an Illinois Super Lawyer, and he can assist with a prenuptial or postnuptial agreement.
What Can Be In A Prenuptial Agreement?
Illinois law states that the following areas can be addressed in a prenuptial agreement:
- Asset division: Property division during divorce is a primary reason couples sign a prenuptial agreement. The spouse with more assets before marriage or who may acquire assets during a marriage from family gifts or inheritance may want to protect that property from a future divorce.
- Protect specific property: Some people in Illinois own specific property they want to protect with a prenup. Examples include a house owned by one person that will be occupied by that person and the new spouse and a business owned by one person that will generate income used to support both during the marriage.
- Inheritances: Do you want to be sure your children from another marriage or prior relationship receive their inheritance if you get remarried? A prenup can protect what you want to leave to your kids.
- Alimony: Alimony decisions can be in a prenup, including a full waiver of same. However, the law imposes some limitations so it’s important to have legal advice before signing a prenup.
What Cannot Be In A Prenuptial Agreement?
A prenuptial agreement can be used for many things. However, the following items cannot be determined in a prenuptial agreement. If these subjects are covered in the prenup, the divorce judge will likely say the agreement in part or in its totality is unenforceable:
- Child custody or visitation: In a divorce with minor children, the judge must consider the circumstances to decide the child’s best interests. The spouses may be able to work this out between them during the divorce, but the judge must approve it. The prenuptial agreement cannot make pre-determined decisions about these critical child-related matters.
- Child support: The couple also cannot decide in advance if child support must be paid, how much, and who will pay it. The divorce judge must approve any child support agreement.
- Illegal activities: A prenuptial agreement cannot include anything illegal, such as avoiding tax laws.
- Personal matters: Household chores, habits, etc., are not enforceable terms if outlined in the agreement.
- Incentives to get a divorce: The prenuptial agreement cannot offer incentives for either spouse to get a divorce. It can, however, specify the assets each party would receive if the marriage ends.
Speak To Our Prenuptial Agreement Lawyers In Chicago
You worked hard to accumulate property and wealth before marriage, so you should protect it. A prenuptial agreement, written correctly, can be an immense help in an Illinois divorce. Our prenuptial agreement lawyers in Chicago at Michael C. Craven’s law offices can draft a legally valid prenup that can protect your property, income, and inheritance if you later divorce. Contact Michael C. Craven today for a confidential consultation at (312) 621-5234.
