Will a Prenuptial Agreement Protect Me During Divorce?

 Posted on January 16, 2024 in Family Law

Prenuptial agreements are becoming increasingly common between couples who want to ensure their assets and finances are protected. Prenuptial agreements can become even more important during the divorce process, as these agreements often help spouses divide their assets, property, debt, and finances.

If you have a prenuptial agreement and are considering divorce, you may want to speak to an Illinois divorce lawyer about how your document can protect you during this process.

What Is a Prenuptial Agreement?

A prenuptial agreement is an agreement signed by both partners before marriage. It details how assets will be divided in the event of a divorce, how debt and property are handled, and how assets or estate planning is to be handled in the case of a spouse’s death. A prenuptial agreement is a way to protect wealth and assets and to ensure you and your partner are on the same page about the division of property and assets should a divorce occur in the future.

The Illinois Uniform Premarital Agreement Act covers prenuptial agreements and further details when these agreements may be valid in court. You should note that prenuptial agreements cannot contain details about child support or child custody, as this is typically decided by the court during a divorce.

How Are Prenuptial Agreements Used During Divorce?

Prenuptial agreements can make the divorce process smoother, as many important factors about the division of property and finances have already been agreed upon by both parties. However, it is up to the courts to decide if a prenuptial agreement is valid and eligible to be considered during a divorce. These agreements may be dismissed if they are in violation of state law or if they were not voluntarily and mutually signed.

You can help ensure your prenuptial agreement is honored in court by working on it with an experienced lawyer. This helps make sure your agreement adheres to any applicable state laws and guidances.

Contact a Kane County, IL Divorce Lawyer

The divorce process is stressful, even if you have a prenuptial agreement guiding your way. Occasionally, these agreements are not taken into consideration, or there may be other factors in your divorce that override a decision made in your prenuptial agreement.

Contact a seasoned St. Charles, IL divorce attorney at Weiler & Associates, Inc. for guidance on how a prenuptial agreement might affect the divorce process and advice on your next steps. Call 630-331-9110 for a consultation.