May 12, 2019 Hurst, Robin & Kay

Chicago Postnuptial Agreement Lawyer

The Benefits of a Postnuptial Agreement

A postnuptial agreement may also be referred to as a post-marital agreement, and if you are interested in establishing a postnuptial agreement, our Chicago, IL postnuptial agreement lawyer is here to help you. Whereas a prenuptial agreement is created before a marriage commences, a postnuptial agreement specifies terms for dividing assets, income, debt, and property should a couple divorce or legally separate. This documentation can also be used to modify the terms of an existing prenuptial agreement. For maximum effectiveness, and to ensure that a postnuptial agreement will be legally enforceable in the event of litigation, please consider working with our lawyer to draft it on your behalf rather than attempting to draft it on your own. Contact Hurst, Robin & Kay, LLC today to schedule a consultation.

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A Valid Postnuptial Agreement Is Legally Binding

Working with our experienced postnuptial agreement attorney is important. As professionals experienced in this area of law, we know how to both create and enforce such agreements effectively. We are often able to anticipate potential tensions and prevent them from occurring through careful attention to the process. When couples attempt to create this kind of document on their own, they may run into problems that can lead to unnecessary stressors later on. In general, each spouse should retain the services of their own attorney in order to ensure that their post-nup is fair and enforceable.

Challenging a Postnuptial Agreement

Challenging a postnuptial agreement can be difficult, requiring the skill and expertise of a seasoned legal professional. At Hurst, Robin & Kay, LLC, we understand what is involved in disputing such agreements and the emotional toll it can take on individuals and families. Learn the grounds on which a postnuptial agreement might be challenged and how our attorney can help with these delicate matters. 

Challenging a postnuptial agreement typically revolves around issues related to its execution, fairness, and the circumstances under which it was signed. Our legal team, specializes in identifying and addressing these concerns:

  • Duress or Coercion: If one party was pressured or forced into signing the agreement without sufficient time for consideration or under threats, the agreement could be invalidated.
  • Fraud or Misrepresentation: An agreement may be challenged if it was based on false information or if one spouse concealed assets.
  • Lack of Representation: Both parties must have had the opportunity to seek independent legal counsel. If a spouse was not properly advised or was unaware of their right to an attorney, the agreement’s validity could be questioned.
  • Unconscionability: An agreement that is grossly unfair or one-sided at the time of signing can be contested. Our attorney is adept at assessing the fairness of postnuptial agreements and advocating for equitable outcomes.

Challenging a postnuptial agreement involves several steps, beginning with a thorough examination of the document and the conditions under which it was signed. Our legal team works closely with clients to gather evidence, including communications between spouses, financial records, and witness testimonies that support claims of duress, fraud, or unfairness. We then craft a compelling argument to present in court, arguing for the agreement’s modification or nullification based on the evidence and applicable law.

Postnuptial Agreements Compared to Prenuptial Agreements

After a review of your particular circumstances, our Chicago postnuptial agreement lawyer will be able to tell you what terms might be helpful in your situation. If you have been privvy to the process of creating a prenuptial agreement, you will be familiar with the ways in which post-nuptial agreements are drafted. However, there are some distinctions between the two. Here are some general tips to keep in mind:

  • A prenuptial agreement is entered into before a marriage commences.
  • A postnuptial agreement is entered into during a marriage, either in anticipation of a divorce or simply because circumstances have changed. Our lawyer can help you in either event.
  • A postnuptial agreement is often created when there have been substantial changes in the financial health of either or both spouses, or significant life events have occurred. This might include a new job, a new house, the purchase of potentially valuable stocks and bonds, the birth of a child, etc.
  • A postnuptial agreement is often used to amend a previous prenuptial agreement in the wake of life changes or provisions that were missed in the prenuptial agreement.

To learn more, please consider scheduling a consultation. Our firm has extensive experience drafting and enforcing post-nuptial agreements and we would be happy to answer any questions you may have about this process. We look forward to taking your call.

Postnuptial Rules: What Makes a Valid Postnuptial Agreement

A postnuptial agreement needs to be written. No handshake deals or verbal agreements. When you write up your postnup, you can include all the provisions you want – not just for the division of assets, but also for the division of chores, how often your extended family can visit, and any other guidelines you might want to include.

A postnuptial agreement also needs to be totally voluntary. You can’t have any hint of reluctance or coercion involved, otherwise it’ll void your postnuptial agreement and make the entire document useless. It can be difficult to ensure both you and your spouse agree to the postnup, but our lawyer can help you cover your bases to keep the agreement totally voluntary.

Postnuptial agreements need to include a disclosure of assets. This means you can’t hide assets from your spouse, and your spouse can’t hide assets from you. This keeps everything on the table so you’re both fully aware of what’s on the chopping block should you decide to part ways.

Of course, a postnuptial agreement needs to be fair. This is largely up to the court to decide, but our lawyer can help you keep things even between you and your spouse. If a postnup seems completely one-sided, odds are it’ll be thrown out.

Finally, your postnuptial agreement needs to be validly executed. This varies from state to state, but it generally includes a signature from both parties. Postnups typically need to be notarized as well. Depending on your location, you might need to have witnesses as well. It’s important to familiarize yourself with your local laws and regulations regarding postnups so it remains legally binding.

A postnuptial agreement means lots of questions from yourself and your spouse, so hiring our lawyer can make a significant difference in the process.

How a Postnuptial Agreement Can Help You

A Postnuptial Agreement, often overlooked, serves as a safeguard for couples entering the unpredictable journey of marriage. We firmly believe in the importance of preparing for every contingency, ensuring that our clients are protected no matter what the future holds. A postnup, akin to a prenuptial agreement but executed after the wedding, outlines how assets and responsibilities will be divided in the event of a separation or divorce. Securing a postnuptial agreement is not just a wise decision, but a necessary step for marital harmony and financial security.

  • Clarity and Security in Financial Matters

One of the most compelling reasons for a postnuptial agreement is the clarity it brings to financial matters. Marriages often involve financial entanglements, including joint assets, debts, and individual properties. A postnuptial agreement, meticulously drafted by our attorney, delineates the financial rights and obligations of each spouse, thereby minimizing conflicts and ensuring both parties are on the same page regarding their financial future.

  • Protection of Individual Assets

In marriages where one or both parties bring significant assets into the union, a postnuptial agreement provides a layer of protection for these assets. Whether it’s a family inheritance, a business venture, or personal investments, our team advises how to keep those assets protected in the face of marital discord. This is especially critical in situations where the financial contributions to the marriage are unequal, offering a sense of security and fairness to the spouse who may otherwise feel vulnerable.

  • Facilitation of Amicable Separation or Divorce

While the hope is that a marriage will last, the reality is that some relationships do end. A postnuptial agreement can significantly ease the process of separation or divorce, providing a pre-agreed framework for division of assets and responsibilities. This foresight can save couples from the emotional and financial strain of contentious court battles. Our lawyer’s experience in crafting comprehensive postnuptial agreements means that both parties have a clear understanding of the terms, leading to a more amicable and efficient resolution.

  • Provision for Children from Previous Relationships

For couples entering a marriage with children from previous relationships, a postnuptial agreement is indispensable. It allows for specific provisions to ensure that children’s future inheritances are preserved, addressing concerns about their financial well-being and rights. Our postnuptial agreement attorney is adept at handlings these sensitive matters, so that the agreement reflects the best interests of all family members involved.

  • Adaptability to Changing Circumstances

Marriages evolve, and so do the financial and personal circumstances of those involved. A postnuptial agreement can be updated to reflect significant changes, such as the birth of children, career advancements, or inheritance. Our team is skilled in modifying agreements to suit the evolving needs of our clients, ensuring that the document remains relevant and effective over time.

Chicago Postnuptial Agreement Infographic

Challenge a Postnuptial Agreement

Chicago Postnuptial Agreement FAQs

What is a postnuptial agreement?

A postnuptial agreement is a legal contract between spouses that outlines how their assets and liabilities will be divided in the event of a divorce or legal separation. This agreement is made after the couple gets married.

Why should I consider a postnuptial agreement?

A postnuptial agreement can provide financial security and peace of mind for both spouses. It can help to clarify financial expectations and protect assets in the event of a divorce.

What can be included in a postnuptial agreement?

A postnuptial agreement can cover a variety of financial issues, including the division of property, spousal support, and debt allocation. It can also address inheritance issues and future earnings.

What are the requirements for a valid postnuptial agreement?

A postnuptial agreement must be in writing, signed by both parties, and notarized. Both parties must also fully disclose their assets and liabilities, and the agreement must be entered into voluntarily and without coercion.

Can a postnuptial agreement be changed or revoked?

Yes, a postnuptial agreement can be changed or revoked, but both parties must agree to the changes. Any changes or revocations must also be in writing and signed by both parties.

Is a postnuptial agreement enforceable in all states?

No, postnuptial agreements are governed by state law, and the enforceability of these agreements varies from state to state. It is important to consult with a lawyer who is familiar with the laws of your state.

How can I get started with a postnuptial agreement?

If you are interested in a postnuptial agreement, you should consult with our family law attorney who has experience drafting these types of agreements. We can advise you on the legal requirements in your state and help you negotiate the terms of the agreement with your spouse.

Hurst, Robin & Kay, LLC, Chicago Postnuptial Agreement Attorney

30 N La Salle St #1210, Chicago, IL 60602

Contact Our Chicago Postnuptial Agreement Lawyer Today

Hurst, Robin & Kay, LLC is a reliable and experienced law firm in Chicago, IL and the surrounding suburbs, specializing in family law matters such as postnuptial agreements. Our team of dedicated attorneys has a deep understanding of the many legal issues surrounding postnuptial agreements and can provide expert guidance to their clients.

With a focus on client-centered service and a commitment to achieving the best possible outcome, our firm is a top choice for individuals seeking legal assistance in family law matters. Whether you are considering a postnuptial agreement or need representation in a divorce or custody dispute, schedule a consultation with our Chicago postnuptial agreement lawyer today to receive compassionate and effective legal support.