Postnuptial Agreements in Illinois

630-891-2478

Postnuptial agreements are not as widely known or used as prenuptial agreements, but they are just as important in terms of the protection they can offer. 

What are postnuptial agreements in DuPage County?

A postnuptial agreement is a contract between two married people where they address what will happen to their property in the event of a divorce. Postnuptial agreements are very similar to prenuptial agreements with the major difference that they are entered into after the parties are married rather than before. 

Some of the matters that may be addressed in postnuptial agreements are:

  • The division of debts should the parties divorce
  • How property, or assets, will be divided in case of divorce
  • If/how monetary support will be provided in case of divorce

As long as the provisions are compliant with the laws of your state, most marital issues may be addressed. 

Do Postnups Hold Up in DuPage County Court?

When contracts are entered into, it is typically because two parties are bargaining over something, such as a piece of land. If one party does not agree to the terms, they have the ability to walk away from the agreement. With postnuptial agreements, the parties are already married, so there really is no bargaining power. Because of this, courts tend to look down on postnuptial agreements. However, if the agreement is fair in its terms, abides by local laws, and both spouses entered into it voluntarily, the court will usually uphold a postnuptial agreement. 

Who Needs a Postnuptial Agreement in Illinois?

A postnuptial agreement is recommended for many situations, but it is especially important in the following scenarios. 

Business Owners. If you own a business and want to protect its earnings, even those that have occurred during the time of the marriage, a postnuptial agreement can help.

Fear of Financial Talks. If you and your spouse were worried about discussing finances prior to your wedding day but now that you are married, you see how a mutual agreement could be beneficial, a postnuptial agreement may be the route for you.

Inheritance. If you or your spouse has received an inheritance that you don't want to be considered a joint asset, a postnuptial agreement can help keep it separate in case of divorce. Also, if you begin to see that there may be inheritance disputes between the children you each had in previous relationships, a postnuptial agreement can prevent that from happening.

Do You Need a Family Law Lawyer in Illinois for a Postnup?

In short, yes, you should have an attorney to represent you in a postnuptial agreement for several reasons:

  • To be sure you are treated fairly in the agreement
  • To have the agreement upheld, as a court is much more likely to say it is a valid contract if both parties were represented by counsel when they entered into it
  • To be sure the terms of the agreement are something the laws in your state allow

Remember, when you hire an attorney, their job is to look out for your best interests. 

Contact a Postnuptial Agreement Attorney in Illinois Today

Postnuptial agreements do not have to be something to fear but can be something to help you and your partner prepare for the future for whatever may come. Find out if a postnup is right for you and your unique situation and contact us today either online or at (630) 891-2478. We handle postnuptial agreements through mediation.

If you feel you are unable to have both parties meet for mediation, perhaps you need to consider other family law options such as our services for Divorce, Uncontested Divorce, Collaborative Divorce, Alimony/Maintenance, Client Wellness, and Legal Wellness Services.

Recent Posts

Recent Case Results

  • Our client knew his wife was having an affair. She flaunted it. Soon after he left the marital residence, his fears came true, his wife had moved her boyfriend into his house with his kids. Our firm hired a private investigator to watch the house, monitor who was present at the house, and to ensure the safety of the children. Our attorney strived to resolve the case by settlement, but knew, if needed, she was absolutely prepared to present a well organized case to a judge that included putting the wife on the stand about her infidelities. Read On

  • Our client had limited income after devoting most of her adult life to raising children. She retained our firm on a limited scope basis to help her draft divorce paperwork. She would not have otherwise had access to justice for her children as she did not qualify for legal aid and did not have sufficient funds for an attorney to represent her on all issues. Read On

  • Our mediation clients were parents to a young child and the father had extended family in another country. By keeping the case out of court, we were able to focus on a new tradition post divorce for vacations and special times rather than relying on just the past actions or customs of the family while married. Read On

Our Services

We help clients successfully and peacefully start a new chapter in their lives.

We offer in-person and remote meetings with clients.  Now more than ever is the best time to have a divorce attorney to navigate court restrictions and reopenings. 

  Learn more about our plan to keep our clients safe and informed during the current COVID-19 pandemic.

Contact Us Today

Birt Law is committed to answering your questions about Family law issues. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu