If you are married and have decided that you and your spouse should draft a post-uptial agreement, contact a qualified duPage County, Illinois Family Law Attorney at Weiss-Kunz-Oliver, LLC. Contact us at 312-605-4041. The third common reason why couples contract a post-nup is to change an existing pre-nup that has become obsolete over time, even unfair. This is more common when marriages last for a long time or when a spouse contributes more to entrepreneurship than was initially thought. Another risk of post-uptial agreement is that it is not properly developed or executed and that the agreement will be annulled during divorce proceedings. A post-marriage ice case can approach a couple`s financial affairs, with clear language that dictates how assets are split if they decide to divorce later, or in the event of the death of either party. Couples choose to develop a post-nuptial agreement for a variety of reasons, and even if you think you never need it, talk to a post-uptial agreement lawyer for a professional analysis of your situation. While Illinois law allows the creation and maintenance of separate property known in Illinois as non-marital property, events during a marriage may change the character of the property. What is recognized as non-marital property at the time of marriage may become marital property at the time of divorce or death. In addition, a party`s residence may change several times during a marriage and what is considered non-marital property in Illinois may be very different from what another state recognizes as non-marital property.
One way to ensure that out-of-marriage ownership remains the exclusive property of the owner is a properly developed pre-marriage or post-marriage contract. It is not easy to discuss marital agreements, but it is important. No one wants to think about getting divorced, but if you don`t act to protect your future, no one will. Your assets, heredities, properties and objects deserve to be protected. A post-bridal ice deal will give you safety and security. Without the help of an experienced family lawyer, your post-uptial agreement may not be enforceable. Marital agreements often prevent legal disputes, but marital agreements are easier to defend in the event of disagreement. In fact, the court may even decide to throw out your post-uptial arrangement because it is unfair, or because your spouse does not fully understand the agreement. While post-puptial agreements can work to help both spouses, there are risks to conclude in one. Since post-uptial agreements are legal contracts, a spouse cannot later simply try to support one because he or she has not read or understood the document.