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prenuptial agreement lawyer
Prenuptial Agreement
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When you need trusted family law counsel and compassionate representation, you can turn to the Law Offices of Anderson Boback & Marshall. Our Chicago divorce and family law attorneys bring decades of experience fighting for every client. Included in SuperLawyers and ranked among the top 5% of attorneys. We offer exceptional representation to help you move your life forward.

Prenuptial Agreement Lawyers

While there’s nothing romantic about prenuptial agreements (or “prenups”), you could avoid the stress and financial tension that often comes with a new marriage by speaking to a prenuptial agreement lawyer. Having answers to questions that will likely arise if the marriage should come to an end can relieve a lot of newfound stress, for both parties. We all would like to believe that our marriage will last a lifetime, but the harsh reality is that almost half of all first marriages in the United States end in divorce. The divorce rate is even higher for second or subsequent marriages.

No one wants to plan for the end of their marriage, especially when they’re caught up in the romantic whirlwind of planning a wedding. However, just like your wedding celebration, marriage is a partnership that requires careful planning regarding assets, property, and other important financial matters. Memorializing your intentions regarding your property, assets, and future financial concerns with a written, enforceable prenuptial agreement can relieve a lot of anxiety, prevent future disagreements, and minimize the cost of litigation.

If your fiance has presented you with a prenup or you think a prenuptial agreement is right for you, Anderson Boback & Marshall can help. Our prenuptial agreement lawyers will evaluate your situation, provide guidance regarding the law, and structure an enforceable agreement to protect your rights and interests in a marriage. We have extensive experience in the preparation of prenuptial agreements, post-nuptial agreements and the enforcement of all marital or divorce contracts.

Millennials Prenuptial Agreements

Millennial prenuptial agreements tend to look a little different. For one, there is a particular focus on finances. People are getting married later than they used to, which means that they have more assets to protect. On the flip side, millennials also bring a lot of student debt into the marriage that the other party would like to protect themselves from. Other issues that millennials tend to focus on are pet custody and the allocation of frozen embryos post-divorce. This video, attorney Jessica Marchall discusses the nuances of Millennials prenuptial agreements.

Situations to Consider Prenuptial Agreements

You may be wondering if a prenuptial agreement is right for you and how to bring it up with your future spouse. While it’s not the most romantic items to discuss on your wedding planning list, premarital agreements have protected the rights of many individuals who never thought they would need it. And if you think only wealthy people require prenuptial agreements, think again. There are many situations in which prenup bring clarity and peace of mind to couples entering into a marriage.

Situations, where a prenuptial agreement is recommended, include:

  • You earn a significantly higher income than your soon-to-be spouse.
  • You have valuable property, stocks, and bonds, etc.
  • You anticipate a large increase in your income.
  • You own or are part owner of a business.
  • This is not your first marriage.
  • You have children from a previous marriage or relationship.
  • Your soon-to-be spouse has significant debt.

What if I have Children from a Previous Marriage?

If you have children from a previous marriage or relationship, prenuptial agreements help to protect the direction of your will and any inheritances that would go to your children. Without a premarital agreement, your ex-spouse could end up with property and assets that were intended for your children due to a divorce settlement in the event of your untimely passing.

If this is not your first marriage or you have children of your own to support, speaking with a prenuptial agreement lawyer will provide you with the knowledge you need to make decisions to protect yourself and your family.

What Happens to My Business if the Marriage Comes to an End?

If you own a business or you are a partial owner of a business, consulting with a family law attorney regarding a prenuptial agreement is a good idea. It is a wise business decision to have contingency plans in place in the event your marriage does not endure forever. Knowing what could happen to your business in the event of a divorce is just smart business planning. In Illinois, businesses are considered to be marital property unless stated otherwise. If a premarital agreement is not drawn up ahead of time to clearly define business ownership and control, your ex-spouse could end up with ownership or authority in your business.

Prenups can cover a wide range of issues, including the division of property, spousal support (alimony), financial responsibilities during the marriage, and other matters related to finances.

No, prenuptial agreements can be beneficial for individuals with various financial situations. While they are often associated with high-net-worth individuals, anyone with assets, debts, or specific concerns about financial matters can consider a prenup.

Not necessarily. Prenuptial agreements are legal documents designed to provide clarity and protection for both parties. They can be seen as a way to openly and transparently discuss financial matters and avoid potential conflicts in the future.
Generally, child custody and support issues are determined by the court based on the best interests of the child. Prenuptial agreements may address financial matters related to children, but decisions about custody and support are typically subject to the laws of the jurisdiction.
Yes, under certain circumstances, a prenuptial agreement can be challenged. Common reasons include fraud, duress, lack of full disclosure, and unconscionability. It’s important to ensure that the agreement is fair, voluntary, and meets the legal requirements of the jurisdiction.
Couples may consider a prenup when one or both parties have significant assets, debts, business interests, or children from previous relationships. It can also be valuable when there is a significant disparity in income or financial situations.
Yes, in many jurisdictions, a prenuptial agreement can be modified or revoked after marriage, but both parties must agree to the changes. Any modifications should be made in writing and follow the legal requirements of the jurisdiction.
While it’s not mandatory, having separate legal representation for each party is highly recommended. This helps ensure that both individuals fully understand the terms of the agreement, have had the opportunity to seek legal advice, and that the agreement is fair and enforceable.
Enforceability can vary across jurisdictions. It’s crucial to consider the laws of the specific jurisdiction where the agreement will be enforced. Some countries may not recognize or enforce prenuptial agreements, so it’s important to seek legal advice if there are international aspects involved.

Is it Time to Meet with a Prenuptial Agreement Lawyer?

It may not be easy to bring up the subject of prenuptial agreements, although it may be a discussion worth having with your fiancé. It is important to work with an experienced prenuptial agreement lawyer so you know that your prenup is fair and enforceable.

Anderson Boback & Marshall will help you to evaluate all concerns with protecting your property and assets whether you’re entering into a marriage, a civil union, or a domestic partnership. Prenuptial agreements address important issues affected by marriage which include:

  • Assets and debts
  • All finances including checking and savings accounts
  • Investments, retirement accounts, and pensions
  • All properties and real estate
  • Any interest in business ownership
  • Estate planning including ongoing care of children from a prior marriage
  • Any current or future inheritances

We understand the joys and stresses that come with an upcoming marriage and can help you determine how you may best benefit from a prenuptial agreement.

Anderson Boback & Marshall Divorce Attorney Chicago (OLD)

Anderson Boback & Marshall have been helping individuals prepare for marriage with a solid foundation in the form of a carefully drafted prenuptial agreement. If you’ve been asked to sign a prenuptial agreement or you’d like to learn more about the benefits of premarital agreements, contact us today to speak with an experienced prenuptial agreement lawyer.

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    Chicago Downtown Office

    20 N. Clark Street, Suite 3300 Chicago, IL 60602

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    Anderson Boback & Marshall

    Anderson Boback & Marshall is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation for divorce and other family law issues. With multiple offices in NorthBrook and Chicago Downtown, we make it easy for you to book an appointment in a location near you. Our family and divorce lawyers serve families in Cook County, Lake County, Will County, and DuPage County. Call Now 312-715-0870