Prenuptial & Postnuptial Attorneys in DuPage County

Representing Clients in Oakbrook, Kane County, Kendall County, & Cook County

Have you thought about addressing marital issues in advance? Everyone has heard of Prenuptial Agreements that are written out prior to the wedding date. We can also prepare a Postnuptial Agreement that can be arranged any time after the marriage is already established, even if you have been married for 20 years. 

Prenuptial vs. Postnuptial Agreements

There are various reasons why couples may choose to enter into a marital agreement. A Prenuptial Agreement might be sought because the financial assets of one or both spouses are complex, or if there are children from a prior marriage and you are seeking to ensure that your non-marital assets are protected for the benefit of those children. A Postnuptial Agreement could be sought out if one of the spouses wants to begin a business venture or investment that the other is skeptical of. The spouse that harbors doubts about the idea might want to seek financial protection in the event of a divorce. In situations involving substance abuse or infidelity, the parties may want some protections in place in the event of a relapse. 

What’s in a Prenuptial Agreement?

Perhaps the best way to explain what might be included in a marital agreement is to first show what can’t be in the agreement–child custody and child support. Couples may negotiate these issues on their own after a divorce, but divorce settlements are still subject to ratification by Illinois Family Court Judges. When it comes to children, courts will always need final review to ensure the best interest of the child is being met. Any agreement a couple reached on these issues prior to a divorce is not legally binding in the state of Illinois.

Child support and custody might be off the table, but most everything else that would be a part of a Judgment or settlement negotiated by divorce attorneys can be included in marital agreement, including issues like these…

• Property Definition: One of the thorniest questions, especially for couples with complex financial assets, is the issue of what belongs to whom. Marital property in Illinois is divided into marital property and non-marital property. Non-marital property is what each spouse owned prior to the marriage. Marital property is what was acquired after the marriage. While that sounds simple, it can become fraught with nuance and gray areas when put into practice. A marital agreement can seek to address everything up front.
• Inheritance Rights: Did one or both of the spouses bring children into the marriage? In the event of a divorce, the inheritance rights of those children could become convoluted. A marital agreement can address that up front, with each spouse able to protect the interests of their children.
• Maintenance: Also known as spousal support, is aimed at allowing each spouse to live in the lifestyle they were accustomed to prior to the marriage. In situations where there is a significant disparity of income between the spouses, one or both may seek financial protection in a marital agreement.

Real World Solutions for Complex Questions

Tameling & Associates has been helping clients for over 25 years. Our founding partner, Eva W. Tameling has been practicing family law for over 40 years. We draw on the experience of all our previous cases to help each new client that comes through our door.

Call our DuPage County office today at (630) 394-5944 or contact us online to set up a consultation. Also serving Cook, Kane, Will and Kendall counties.