The Benefits of an Illinois Prenuptial Agreement

 Posted on June 17, 2021 in Prenuptial Agreements

The majority of couples who decide to get married envision a  life together forever. They often imagine having a family, making memories, and growing old together. They may also feel that any discussion about a prenuptial agreement deflates all the romance out of planning their wedding, or they may think that having a prenup means that you do not believe your marriage will last.

The reality is, however, that almost 50 percent of all first marriages end in divorce. That rate is even higher – 60 percent – for second marriages. And if it is your third marriage, national statistics say you have a 73 percent chance the marriage will fail. Prenuptial agreements can make a significant difference if a couple does end up getting a divorce, saving time and money, and avoiding contentious divorce negotiations.

But We Are Not Rich

Many people are under the misconception that prenups are only for the wealthy. While that may have been true decades ago, more and more of today’s young couples realize that anyone can benefit from a prenup. It is estimated that more than 60 percent of millennials are consulting with attorneys and drafting prenuptial agreements before they walk down the aisle.

Illinois couples have been able to enjoy that benefit since 1990 when the Uniform Premarital Agreement was enacted. Some of the most common issues that couple seek to address in their prenups include:

• Determining what assets and property each spouse is bringing to the marriage and will retain ownership of in the event the marriage ends.

• Determine what will happen with any future gifts, inheritance, etc., of any property or assets each spouse may receive and what will happen if the couple divorce (i.e., one spouse inherits a vacation home when their parents die).

• Determine bequest of certain assets and/or property should one spouse die. Couples who have children from prior relationships often use a prenup to address this issue to ensure their child(ren) will inherit certain assets and not the surviving spouse.

• Specify which debts each spouse is bringing to the marriage and that those debts will remain the sole responsibility of that spouse.

There are a wide variety of other issues that a couple can address in a prenuptial agreement. One issue that Illinois law does not allow is child support. Should the couple have minor children and they decide to divorce, any issue of child support is determined by the court in accordance with Illinois child support law.

Is the Prenup Enforceable?

The purpose of having a prenuptial agreement is to protect each spouse if the marriage ends. There are some cases where the validity of a prenup may be put before the judge handling the divorce and, depending on the issues being raised, the judge could rule the agreement invalid, and any stipulations in the contract would be null and void. Grounds to invalidate a prenup include:

• There was fraud when the agreement was signed because one spouse failed to disclose assets or lied about their value.

• One spouse signed the agreement under force or duress.

• The documents of the agreement were filed incorrectly.

• The parties did not each have their own attorneys representing them during the negotiations and drafting of the agreement.

• The prenup is too lopsided, or there are provisions that the court could consider inane.

Contact a DuPage County Family Law Attorney for Legal Assistance

If you are planning a wedding, having a prenuptial agreement can give you peace of mind for your future. It is crucial for both you and your fiancé to have your own attorneys in this process. Call Pesce Law Group, P.C. at 630-352-2240 to schedule a free consultation with one of our seasoned Naperville, IL prenup attorneys for details.

Sources:

https://www.cdc.gov/nchs/fastats/marriage-divorce.htm

https://www.businessinsider.com/millennials-are-driving-an-increase-in-prenuptial-agreements-2019-8