A prenuptial agreement, commonly referred to as a prenup, is a legal document signed by two people before they get married that outlines how they will divide their assets and debts in the event of a divorce. While not exactly a romantic topic, prenups are becoming more and more common, especially in states like Illinois.
Illinois is one of many states that recognizes prenuptial agreements. The state has a set of laws, known as the Illinois Uniform Premarital Agreement Act, that governs prenups. Under this act, a prenup is legally enforceable as long as it is in writing, signed by both parties, and notarized.
So why might someone want a prenup in Illinois? There are a few reasons. For one, if one or both spouses have significant assets or debts before they get married, a prenup can help protect those assets and debts in case of a divorce. A prenup can also be used to determine alimony (spousal support) in the event of a divorce. Additionally, a prenup can clarify how property acquired during the marriage will be divided.
It`s important to note that there are some things that cannot be included in a prenup in Illinois. For example, child support and child custody cannot be determined in a prenup, as those decisions must always be made in the best interests of the child. Additionally, a prenup cannot be used to waive a party`s right to spousal support if doing so would leave that party without adequate means of support.
If you and your future spouse are considering a prenup in Illinois, it`s important to consult with an attorney who specializes in family law. A good attorney can help ensure that your prenup is legally enforceable and that it accurately reflects your wishes and needs. With the right legal assistance, a prenup can be a smart choice for many couples in Illinois.