Anderson & Boback Logo

Pre Marital Agreement

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

A cohabitation agreement is an agreement or contract entered into between two people living together in the same household who are in a romantic relationship but not married. With more millennial couples choosing to live together, whether planning to marry…

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you…

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative…

No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work, there is a greater reluctance to want to pay maintenance. In Chicago divorces, there…

Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children…

Parenting disputes, and accusations of being a bad or unfit parent, are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other…

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

Why Choose

Schedule a Discreet Consultation Today!

    Firm Overview

    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