COVID-19 Notice: In an abundance of caution and in consideration of our community members at risk, we have temporarily closed the office for in person consultations and meetings. However, we remain open and are readily available for telephonic or video conferences, consultations, and meetings. Furthermore, we continue to have access to the court system and are able to represent you in proceeding on your family law related matters, including those which have arisen as a direct result of the COVID-19 pandemic. You can reach us at the general office number, 312-782-2400. You can also reach any attorney directly via email, or at the general firm address of info@hrkfamilylaw.com. Hurst, Robin & Kay, LLC, wish our clients, colleagues, friends, and community members health and safety during these difficult times.
March 26, 2020

Illinois Family Lawyer

Illinois Family Lawyer

Illinois Family LawyerMost people are familiar with prenuptial agreements and have at least a sense of its purpose, but if you don’t, then a Illinois family lawyer from Hurst, Robin & Kay, LLC is happy to answer your questions. A prenuptial agreement can clarify the position of both individuals prior to entering into a lifelong commitment to one another. In the event that the marriage does not last for a lifetime, the prenuptial agreement comes into play and protects the interests of both involved.

Similar to a prenuptial agreement, a postnuptial agreement is another legal document that is also intended to protect the interests of the two individuals who entered into marriage. However, there are differences between the two, and the postnuptial agreement is less understood.

Whether or not you are happily married, you may benefit from having a postnuptial agreement in place with help from a family lawyer Lake Forest, IL couples trust. The primary difference between a postnuptial agreement and prenuptial agreement is that the latter is entered into before the marriage, and the former is entered into during the marriage.

If you are interested in having a postnuptial agreement, an IL family lawyer from Hurst, Robin & Kay, LLC can assist you with this.

What is the intent of a postnuptial agreement?
A family lawyer in IL can review your circumstances and provide guidance as to whether or not having a postnuptial agreement may be of benefit to you. They are often drafted when a marriage is in trouble or one of the spouses anticipates filing for divorce at some time in the future. A postnuptial agreement specifies how the marital property should be divided between the spouses should the marriage fail.

If there are children from the marriage, a postnuptial agreement may specify how they will co-parent after they legally separate or divorce. Some couples will choose to create a postnuptial agreement with the goal of strengthening the relationship or for other reasons of their choosing. There are not necessarily any downsides to having a postnuptial agreement, even when the marriage is solid and there are no intentions to end it.

Can I create a postnuptial agreement without hiring a family law attorney?
Though you are not required to hire a family lawyer in Illinois, a postnuptial agreement is legally binding and as such, there may be legal ramifications if it is done incorrectly. Also, potential issues and unanticipated events are more likely to be considered by an experienced family law attorney. In this way, having a postnuptial agreement can provide the greatest benefit possible.

How do I learn more about postnuptial agreements to know if we should get one?
It’s important to understand the legal ramifications of a postnuptial agreement and be clear about how its contents might impact your life should the agreement come into play. Our team can address your questions and concerns about postnuptial agreements. This guidance can help you decide if you want to move forward with drafting one.

At Hurst, Robin & Kay, LLC, we offer individuals and couples a free consultation with our IL lawyer for family law so they can discuss their circumstances and learn what legal agreements and options may be best for their needs.