Anderson & Boback Logo

Pre Marital Agreement

Published
Categorized as Prenuptial Agreements

Pre-marital agreements (formerly called “pre-nuptial” agreements) are contracts that parties enter into upon marriage which dictate how they would like to divide their assets should they decide to dissolve their marriage.  When parties decide to obtain a dissolution of their marriage and they have a pre-marital agreement, they often wonder how the pre-marital agreement will be enforced.

First, the parties may agree that the premarital agreement should be enforced in the divorce decree.  If the parties are agreeing to the divorce, and are in agreement that the premarital agreement should stand, the party whose attorney is drafting the divorce decree should be given a copy of the premarital agreement.  The drafting attorney can then incorporate the terms of the premarital agreement directly into the divorce decree.  It is simple to enforce a premarital agreement when the parties agree that it is valid and enforceable.

The second type of scenario occurs when one party wishes to abide by the terms of the premarital agreement and the other party, for a variety of reasons, either alleges the premarital agreement is invalid or otherwise should not be enforced.  In this scenario, it will be necessary for the divorce Judge to determine which portions, if not all of them, of the premarital agreement should be enforced.  Sometimes an entire premarital agreement is enforceable.  Other times, only a portion of the premarital agreement is enforceable.  Whether or not the premarital agreement will be enforced is a risk that parties take when they enter into the agreement.  Constantly changing law and circumstances of the parties both can contribute as to whether or not the premarital agreement will actually be enforced at all, or to what extent.

If you are divorcing and have a premarital agreement and questions about the enforcement of same, or, if you wish to incorporate same into the terms of your divorce decree, our attorneys can help you.  Please feel free to call our office to schedule a consultation.

Was this information helpful?

You May Also Like

The legal term “best interests” is a concept that comes up in almost all child-related areas of family law. When making essentially any decision on behalf of a child, the court is going to look at what is best for…

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870