Wheaton Marital Agreement Lawyers

Prenuptial and Postnuptial Agreement Attorneys in DuPage County

Statistics and interpretations vary, but there is no doubt that the divorce rate is much higher now than it was a generation ago, especially for second and subsequent marriages. At the same time, financial arguments are a leading source of marital discord. A prenuptial or postnuptial agreement can address both of these matters. A premarital agreement is something of an insurance policy in the unlikely event of a divorce, and it can address financial concerns before they escalate into disagreements and conflict.

At Jenz Law Office, we work hard to find cost-effective solutions that protect your legal and financial interests, and a marital agreement is often a big piece of this puzzle. Attorney Judith Jenz is ready to assist your family in this regard.

What an Agreement Can Do

Most judges look very favorably on voluntary spousal agreements, assuming they are properly executed and not patently unfair. Both spouses must have a clear understanding of all the agreement's effects. Although individual representation is typically a good idea, it is not mandatory. In a similar vein, property division in the prenuptial or postnuptial agreement does not have to be a 50-50 proposition. The agreement can split the marital estate unequally based on whatever arrangements both spouses decide on.

In many cases, spouses may arrange for an offset in property division matters following a prenuptial or postnuptial agreement. For example, one spouse may accept higher spousal maintenance payments if he or she agrees to surrender any claim to the other spouse's retirement account.

A spousal agreement can confirm asset characterization, which is important because property can easily become commingled. For example, one spouse may bring a classic car into the marriage (non-marital property) and use funds from his or paycheck (marital property) for repairs and upgrades. To avoid conflict about ownership of the vehicle, a prenuptial or postnuptial agreement may state that the car will remain in the possession of the spouse who originally owned it.

When stepchildren are involved, inheritances can become an issue. A marital agreement can put these questions to rest well before a dispute flares up into expensive probate litigation. However, spouses generally cannot use a prenup or postnup to make provisions for child visitation and child custody. These issues are decided based on what is in the best interests of the children rather than any previous agreements between parents.

Generally speaking, spousal agreements are valid as long as the marriage lasts. These contracts can generally be revoked or amended at any time, as long as both spouses consent.

The Process of Obtaining a Prenuptial or Postnuptial Agreement

A premarital agreement is not romantic in any way, shape, or form, just like there is nothing romantic about a life insurance policy. However, responsible people have life insurance in case the unexpected happens. The same consideration toward the future may be helpful when determining whether a premarital agreement is needed. Responsible spouses should have a premarital agreement no matter how much money they have. For couples who have experienced changes to their finances or who wish to determine how certain issues will be handled in a potential divorce, a postnuptial agreement can offer significant benefits.

Contact Our DuPage County Prenup/Postnup Attorney

A premarital or postmarital agreement can mean security for a long-lasting relationship. To begin the process, contact Jenz Law Office at 630-202-8842. Convenient payment plans are available.