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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerNearly any marriage can benefit from a prenuptial agreement. What was once considered a taboo or only for the uber-wealthy, prenuptial agreements are now being used by more and more everyday couples. In the event that you get a divorce, a prenuptial agreement can help you decide how your property is divided, whether or not you receive spousal support, or even who gets custody of your pets. Sometimes, however, you may no longer find that your prenuptial agreement is right for your situation when it comes time to divorce. Can you contest the terms of your prenuptial agreement?

Challenging Your Prenup

Prenuptial agreements are documents that are supposed to make your divorce process easier, not more difficult. However, if you believe that your prenuptial agreement should be invalidated, your divorce has the possibility of getting even more contentious. This is when it is crucial for you to hire experienced legal counsel.

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Illinois divorce attorney, Illinois family lawyer, IL child custody lawyerWhen a couple decides to get married, they usually agree to share what they own. If the marriage were to end in divorce, the marital estate is divided under the equitable distribution doctrine. Unlike community property states, which divide the couple's assets in a 50/50 division, Illinois law says the couple's assets need to be divided equitably based on certain factors. Some of these factors include:

  • How long the couple was married
  • Each spouse's contribution to the marital estate
  • The value of the assets
  • What each spouse's financial circumstances will be after the divorce
  • Tax implications
  • Whether spousal support will be paid
One factor that usually supersedes all other factors is whether the couple had a valid prenuptial agreement. A prenuptial agreement is a legal contract entered into by the couple prior to the marriage which stipulates how assets and property will be divided in the event the couple divorces. The agreement can also address any outstanding debt the couple has and spousal support/maintenance. Although it is recommended that every couple draw up a prenuptial agreement before the wedding, many couples choose not to. The good news for those couples is that Illinois law also recognizes postnuptial agreements. Postnuptial agreements address the same terms and/or issues that prenuptial agreements do. The only difference is that the agreement is entered into at some point after the couple has married.

Reasons Why Married Couples Choose to Sign a Postnuptial Agreement

In certain marital situations, signing a postnuptial agreement is highly recommended. Typically, postnuptial agreements are established because of the following:

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