Are you and your future spouse thinking about drafting a prenuptial agreement? Congratulations on your engagement and congratulations on taking a step that will almost certainly help your marriage begin in a grounded, informed and strong way. Gone are the days when prenuptial agreements were used primarily as so-called “divorce insurance.” Nowadays, couples primarily use the process of drafting prenuptial agreements to strengthen their marriages from the start. By discussing important issues and structuring enforceable expectations for your relationship, you begin your marriage truly “on the same page.”
But before you begin working with an experienced Lake Forest, IL prenup lawyer in order to draft your prenuptial agreement, you need to answer one important question: How far away is your wedding date? If your wedding date is very, very near, it may be better for you to work with an attorney to draft a post-nuptial agreement (that can serve all the same functions as a prenuptial agreement but that may be signed only after you marry) that can be signed right after you marry. Why would this be a preferable option? If your wedding date is drawing too near, a prenuptial agreement may not be considered legally enforceable by the state. The exact timing restrictions related to signing a prenuptial agreement vary by jurisdiction.
Timing Prenuptial and Post-nuptial Agreements
The primary reason why most jurisdictions will not treat prenuptial agreements as enforceable contracts if they are signed too close to a wedding date is that this timing may be treated as evidence of coercion or some other unacceptable contract-related “force.” When prenuptial agreements may no longer be treated as viable options, a couple may consider signing a post-nuptial agreement in the immediate wake of their formalized marriage ceremony.
It is worth noting that most jurisdictions will allow couples to sign post-nuptial agreements at virtually any time, even soon before filing for divorce. If this option may benefit you and your romantic partner or spouse, please contact a Lake Forest, IL prenup lawyer for more information.
Legal Guidance Is Available
If you have questions about prenuptial agreements and/or post-nuptial agreements, please do not hesitate to connect with an experienced Lake Forest, IL prenup lawyer today. Timing is important when it comes to ensuring that prenuptial and post-nuptial agreements are enforceable. But it is also important to remember that each state takes a unique approach to these legal documents and that there tend to be exceptions made for most general rules depending upon each couple’s unique circumstances. An experienced Lake Forest, Illinois prenup lawyer will be able to guide you through the nuances of prenuptial and/or post-nuptial agreement law in your state and as those laws apply to you. The legal team at Hurst, Robin, Kay & Allen, LLC has years of experience navigating this complex area of law and would be happy to answer your questions. Scheduling a consultation does not commit you to taking any action whatsoever, so there is no risk involved in having a conversation about your situation and legal options. Our legal team looks forward to speaking with you.