When you are planning to get married, the possibility of divorce is probably one of the last things on your mind. While it may seem distasteful to contemplate the idea that your marriage may not work out, considering how you would like matters to be handled if you ever get divorced can help you avoid a great deal of confusion, stress, and uncertainty. Before you get married, you and your partner can sign a prenuptial agreement that will make decisions about divorce-related issues, or if you are already married, you can create a postnuptial agreement. A skilled family law attorney can make sure your rights are protected when negotiating the terms in these types of agreements.
The lawyers of NN Legal Group can provide dedicated and knowledgeable legal help in matters related to family law, business law, estate planning, and more. Attorney Nicolas Nelson has over a decade of legal experience, and whether you are looking to create a prenuptial or postnuptial agreement or address other legal issues related to your marriage or your family, he can offer the guidance you need and help you make the right decisions.
There are a wide variety of situations where a prenuptial agreement, or prenup, may be beneficial for a couple that is planning to get married. If either partner owns significant assets, a prenup can ensure that these assets will not be subject to property division in the case of divorce. This can be especially helpful for business owners, giving them the assurance that they will be able to continue owning and operating their business if their marriage ends. A prenup can also be a good idea for those who have children from a previous relationship since it can be used to specify that certain assets will be used to provide for children's needs if the marriage ends through divorce or death.
A postnuptial agreement, or postnup, can be beneficial in cases where a couple wishes to define their rights to certain property or prepare for the eventuality of divorce if they are unable to resolve certain marital issues. For example, a couple that is experiencing relationship issues may use a postnup to decide which spouse will receive certain property if they are unable to resolve their differences, or it may state that one spouse will or will not pay spousal support to the other spouse following a divorce. This can help spouses understand and clarify the "stakes" of their case while also offering reassurance that they will be able to financially support themselves if their marriage ends. A postnuptial agreement can also be helpful in situations where one spouse plans to make a risky investment, such as by ensuring that marital assets will not be affected by a spouse's business debts or liabilities.
Typically, prenuptial and postnuptial agreements will address financial issues while defining the parties' rights and obligations regarding their marital property or separate property. A prenup or postnup can make decisions about how property will be divided during a divorce or whether one spouse will receive spousal maintenance payments. However, these agreements cannot address child-related issues, since decisions about the allocation of parental responsibility, parenting time, and child support will be based on children's best interests at the time of divorce.
If you are preparing to get married, NN Legal Group can help you create a prenuptial agreement that will be valid and enforceable if your marriage comes to an end. If you are already married, we can work with you to create a postnuptial agreement that will address your concerns and meet your needs. To set up a free consultation and learn more about how we can provide the legal help you need, contact us by calling 630-474-0925. We work with clients in DuPage County and other nearby areas, including Glen Ellyn, Lombard, Villa Park, Carol Stream, Wheaton, Bloomingdale, Glendale Heights, and Addison. Hablamos Español.