Prenups and Postnups

When you’re getting married, planning for the possibility of a divorce is probably the last thing on your mind.

The truth is, prenuptial and postnuptial agreements are essential for any couple embarking on marriage.

Drafting a prenup involves a discussion and mutual agreement on major issues such as money management, the use of separate property, clarifying values and expectations; generally making it easier to avoid any unpleasant surprises in the future. Should a divorce occur, having a prenup will streamline division of assets since it provides a clear guideline for what each party is entitled to receive.

With a well-crafted prenuptial agreement in place, couples can rest assured that their rights are protected and the legalities are taken care of.

Kiswani Law Illinois Prenup and Postnup Agreement Services.

  • Prenuptial Agreements

    Illinois is not a community property state, which means that in the case of a divorce, your assets and property will not be split evenly. This can have major implications for the amount each spouse will receive after the divorce. If you would like to protect yourself and your assets from such divvying up, getting a prenup can help you achieve this goal.

    A prenuptial agreement can provide couples with protection and peace of mind. By clearly outlining each spouse's financial rights and responsibilities, a prenup allows spouses to plan ahead and set-out how their assets, income, and inheritance will be divided, helping to significantly reduce any potential costs associated with a divorce or separation.

  • Postnuptial Agreements

    Postnuptial agreements can be created after a couple is married. They offer spouses the opportunity to address financial security issues and plan for the future in case of divorce or separation. This agreement provides both parties with peace of mind, knowing what would happen to their assets and how they would support themselves if their marriage were to end.

    Another consideration for getting a postnup is if your divorce case ends up going to trial. In a divorce, Illinois equitable distribution laws will be observed when dividing marital property and assets. Generally, this doesn't always mean a 50/50 split, but rather one that is deemed fair to each party. A postnuptial agreement doesn't affect how the court determines the division - it is still based on fairness and equity. However, it can give the court a structured framework which may ease the process.