Illinois Prenuptial Agreement Attorney

Legal Advocates Who Listen

Prenuptial agreements are a popular topic, as a prenuptial agreement attorney in Illinois from Hurst, Robin, Kay & Allen LLC knows, especially with so many news stories about celebrities and how they signed a prenup before exchanging vows. These agreements are not just for affluent couples though, as anyone can benefit from having one. Despite the stigma of asking for a prenup, it can be beneficial to many people and provide extra comfort when entering their marriage. A prenuptial agreement is not only about dividing property either, so if you are interested in creating a prenup with your soon to be spouse, then there are tips you should know. Don’t hesitate to call our law firm for further insight. 

Why The Prenup Lost Its Stigma

If you and your romantic partner are thinking about getting married, it’s a good idea to consult with our experienced prenuptial agreement lawyer in Illinois as soon as you can. Gone are the days when entering into a prenuptial agreement meant that one or both parties were preoccupied with a fear and/or anticipation of divorce. As the knowledgeable team at Hurst, Robin, Kay & Allen, LLC can attest, more and more modern couples have discovered that the prenuptial agreement negotiation process can help to strengthen an impending marriage and help to ensure that it is built upon a solid foundation supportive of a lasting union.

Not so very long ago, prenuptial agreements were plagued by stigma. However, that stigma has all but vanished in nearly all communities. Why? There is a now a widespread understanding that discussing expectations in advance of marriage can help to prepare spouses for their unions in ways that blind faith simply can’t. By discussing financial issues, privacy concerns, and other common topics of prenuptial agreements, engaged couples can head-off tensions and potential sources of strife and conflict before they have a chance to manifest.

During an era in which individuals are increasingly able to make truly informed decisions about their wellbeing, meeting with our Illinois prenup lawyer is no longer considered an act to be embarrassed about. It is – quite the opposite – an act that illustrates how committed you are to laying a strong, grounded, informed foundation upon which to build your marriage.

Preparing For Your Prenuptial Agreement Legal Consultation

It’s a good idea to invest some time and energy into preparing for a legal consultation instead of arriving with no expectations, questions, or plans of action in mind. By taking some time to prepare, you’ll be able to get more out of your visit. The knowledgeable legal team at Hurst, Robin, Kay & Allen, LLC frequently advises potential clients who are unsure of what they need, what to expect, and how to go about constructing a prenuptial agreement that works well for their needs. However, it’s more likely that you’ll receive far more personalized guidance if you arrive at your consultation prepared to discuss the ins and outs of your needs, priorities, and goals.

To make sure that you don’t influence each other’s initial impressions, it’s a good idea to spend some time brainstorming on your own. Ask yourself (and ask your romantic partner to do the same) what your expectations are for marriage, as they concern money, property, and even privacy in re: social media. Consider where you’re willing to be flexible and where you’ll likely need to set some firm boundaries and expectations. Also, take some time to consider that in the event that you and your partner are no longer in a position to move forward together, is there anything about your financial life or property that you’ll need to safeguard proactively? Thinking through such issues isn’t an easy task but, like taking out an insurance policy, it may be necessary to safeguard your future wellbeing.

You and your romantic partner can then discuss your musings before you meet with our Illinois prenuptial agreement attorney or while you’re in your consultation session. Either way, sharing this information with your lawyer will better allow them to construct a prenup that meets your unique needs.

Top Prenuptial Agreement Considerations:

• Protect Your Assets. If you are launching a new business, or currently own one, then a prenup can help protect you from facing a lawsuit. A prenup also outlines your rights with terms that will classify certain assets as separate property, meaning they are exempt from being claimed by your spouse in the future. Keep in mind, you don’t need to have a business, you can still utilize a prenup to safeguard your most cherished assets. You can set up a prenuptial agreement that consists of how you plan to separate your assets if you do decide to open a business in the years to come.
• Consider Your Family. Even with the best of intentions, it can be difficult to plan for what may happen during your marriage. If you have children from another relationship, you can include them in the prenup along with any future children you may have. While you must consider your current family dynamic when writing the prenup, you cannot actually pre-determine things like child custody or support if you get a divorce later. 
• Intent For Your Prenup. The intent of prenuptial agreements will vary based on the couple and their individual needs and preferences. A prenup may be used to decide how assets are to be divided if divorce happens, and may be used if you or your future spouse have a stake in a family business or assets. You may want to consider a prenuptial agreement when either you and/or your future spouse have kids from a different relationship, have had one or more divorces, or have a large amount of debts.
• Elements Of A Strong Prenup. The prenuptial agreement should be well thought out, both spouses should be fairly represented, and there must be an accurate and complete list of debts and assets at the time of signing. The prenuptial agreement must be consensual to both spouses and represent a realistic picture of what would happen in the event of divorce. With this contract between two people who marry, they are telling the other of their responsibilities and rights if divorce or death were to occur. 

For more information about prenuptial agreements, please contact our Illinois attorneys at Hurst, Robin, Kay & Allen, LLC today.

Why You Should Call Hurst, Robin, Kay & Allen, LLC For Your Prenuptial Agreement

For many people who are about to get married, prenuptial agreements, or prenups, are an important legal document thing to consider. A prenuptial agreement allows you and your spouse to keep your assets protected in case the marriage does not work. Many people have hesitations about this agreement because they are unsure what it means for their relationship or the long-term financial impact. However, meeting with a lawyer who understands prenuptial agreements and has provided counsel for many engaged couples can provide an in-depth explanation. Here are some tips that you should know before making a decision about prenuptial agreements.

• Experienced Family Lawyers

Hurst, Robin, Kay & Allen, LLC has a team of experienced attorneys who have a deep understanding of the legal issues surrounding prenuptial agreements. We have helped numerous clients in Illinois to draft and negotiate prenuptial agreements that protect their assets and provide financial security.

• Personalized Service

We provide personalized service to all our of clients. We take the time to listen to their clients’ needs and concerns and tailor their legal strategy accordingly. They understand that every client is unique, and they work closely with their clients to ensure that their prenuptial agreement meets their specific needs.

• In-depth Knowledge Of Illinois law

Prenuptial agreements are governed by state law, and the laws surrounding prenuptial agreements in Illinois are complex. Our attorneys have in-depth knowledge of Illinois law and can advise their clients on the legal requirements for a valid prenuptial agreement in Illinois.

• Comprehensive Legal Support

Hurst, Robin, Kay & Allen, LLC provides comprehensive legal support to their clients throughout the prenuptial agreement process. We assist clients with drafting the agreement, negotiating the terms, and ensuring that it is properly executed.

• Effective Negotiation Skills

Negotiating a prenuptial agreement can be challenging, especially if there are complex financial issues at play. Our award-winning attorneys at Hurst, Robin, Kay & Allen, LLC have effective negotiation skills and can help Chicago couples to achieve the best possible outcome.

If you are considering a prenuptial agreement in Illinois, Hurst, Robin, Kay & Allen, LLC is a top choice for legal representation. Our team provides personalized service, has an in-depth knowledge of Illinois law, and can provide comprehensive legal support throughout the prenuptial agreement process.

Drafting A Smart, Effective Prenuptial Agreement

One of the keys to drafting an effective, enforceable prenuptial agreement is timing. It is important that you work with a lawyer from Hurst, Robin, Kay & Allen, LLC well in advance of your wedding date, as many jurisdictions will not honor the terms of a prenuptial agreement if the contract is signed too close to a couple’s wedding date. Understandably, agreement signed too close to the date are often invalidated on grounds of coercion or duress. As a result, it is important to connect with one of our attorneys for a consultation quickly.

In addition, it is important to speak with a prenuptial agreement lawyer, Chicago, IL couples confide in about the kinds of terms that your jurisdiction will and will not allow you to include in your agreement. For example, you may be able to address matters related to intellectual property and access to digital accounts but you will likely not be able to address mandates related to what happens (or doesn’t happen) between the sheets. We will be able to clarify how to construct an enforceable agreement that makes sense and adheres to your state’s laws.

You’re engaged, and every fiber of your being says that you are in this relationship for the long haul, which is terrific. However, the reality is nearly 50% of all marriages end in divorce. While that doesn’t mean that your relationship will end, it does mean that a possibility exists. No engaged couple plans on a failed marriage, but they do happen, meaning that it is smart to be prepared for the possible outcome. A prenuptial agreement is a tool; it does not mean that you have lost faith in your partner or that the relationship is doomed. There are at least four excellent reasons a prenup should be signed.

1. Safeguard Assets. First, a prenup was designed to safeguard the existing assets of each party. Therefore, the paperwork is meant to protect the financial position you currently have in the event of a divorce. In other words, if a prenup is signed and the marriage fails, then each party leaves the union with the assets they originally had. What a prenup does not cover are marital assets, and the division of those assets would still need to be determined during divorce proceedings.
2. Foster Relationships. Another reason for a prenup is that it solidifies the intention of the relationship between the two parties. While a prenuptial agreement lawyer Chicago, IL residents trust understands that this is unpleasant to think about, some people pretend to be in love so they can access and manipulate the financial success of others. By signing a prenup, a couple stipulates that there is love between them and that love is the reason for the marriage.
3. Guide Separations. Prenups also offer guidance should a marriage fail. During separations, relationships can become tumultuous and vindictive. A prenup ensures that logic and reason guide the process by minimizing the risks to each party. Therefore, a divorce becomes about only marital and shared assets rather than retribution.
4. Reduce Stress. Last, some people get stressed about the unknown. Marriage, while beautiful, is a part of the great romantic unknown. Most people don’t know why one relationship succeeds and another fails. Go out and ask several couples who have been successfully married and they will give you multiple reasons for their success. A prenup can reduce stress in those who have a fear of the unknown or those who like to plan for worst-case scenarios, regardless of the likelihood.

A prenup does not signify a lack of love and commitment; it only represents a financial tool used to safeguard both parties. If you are interested in discussing the benefits of a prenuptial agreement and want to know if one is necessary, then contact a local prenuptial agreement lawyer Chicago, IL community members depend on for advice.

Reasons Why You Should Have A Prenuptial Agreement

The wedding day is fast approaching, and the butterflies may be non-stop. Planning for this day has been going along smoothly, and you cannot wait to become spouses.

More couples are preparing and signing prenuptial agreement as part of the lead up to the ceremony. These documents come with a stigma attached; however, is that reputation warranted? Currently, over half of all marriages still end in divorce, a figure that has not changed in the last decade. If you are on the fence about whether you should insist on a prenup, take a look at these reasons in favor of it:

• Premarital Property. A significant reason couples opt for a prenup is that one or both have money going into the marriage. In these instances where significant assets exist, couples may want to set forth their intention to keep those funds separate from anything accumulated in the union. For example, if you have an investment account before marriage with a value of $50,000, should you divorce, any money in that account up to that value is automatically yours. You may also agree that money put in the account after marriage either gets split or remains with you.
• Children. A prenup cannot address unborn children or matters relating to custody. However, it can talk about children who may be from previous relationships. You may want to protect the property you wish those children you have. If this is a second marriage for either of you, there is a decent chance that there are some children in the mix. Keeping any kind of inheritance safe for them is more easily done in a prenup.
• Financial Expectations. The general idea of a prenup is to set expectations on how you and your spouse will split things should you divorce. It in no way lays the groundwork for a divorce. Some people refuse to discuss a prenup because they feel it ruins the romance of marriage. A prenuptial agreement preserves your wishes in the event of a divorce. It is negotiated and signed at a time when your spouse is in agreement and can set realistic and fair financial expectations should you split. Having this makes going through the very stressful and overwhelming process of divorce easier by eliminating arguments over money.

You and your future spouse should openly talk about financial issues leading up to your marriage. Preserving your agreement in a prenuptial agreement should not doom your relationship. As a family lawyer can tell you, it may help maintain some semblance of your civility should you find yourself in the throes of a painful divorce.

Legal Guidance Is Available

If you are interested in drafting a prenuptial agreement specifically and/or are interested in exploring legal tasks that should be completed in the wake of your decision to get married more generally, please schedule a consultation with a prenuptial agreement lawyer Chicago, IL clients turn to as soon as possible. Once you are married, you will enter into a new legal reality. It is important to understand the ways in which your rights and responsibilities will shift before you say “I do.”

Thankfully, speaking with one of our trusted attorneys will not compel you to undertake any specific kind of legal action. Even if you are interested in drafting a prenuptial agreement, it is important to understand that speaking with a member of our legal team will not obligate you to complete this legal documentation. All consultations are designed to do is ensure that your questions are answered and that you can receive necessary legal guidance and support as you strive to make a healthy, informed decision about your situation.

Our team at Hurst, Robin, Kay & Allen, LLC takes great pride in helping to support engaged couples as they begin the massive life transition from single to married life, and our prenup lawyer would be honored to speak with you about your marital needs.

Frequently Asked Questions About Prenuptial Agreements

A prenuptial agreement is a legal document that allows couples to set clear terms regarding their financial arrangements and responsibilities before getting married. While discussing these topics may feel uncomfortable, it can help both parties establish a strong foundation for their future. If you’re considering a prenuptial agreement, it’s important to have accurate information and specialized legal guidance as you strive to make informed decisions in the best interest of yourself and your spouse. For those seeking guidance, our Illinois prenuptial agreement attorney can provide personalized advice and representation throughout the process of drafting a prenuptial agreement.

With over 100 years of combined experience, our dedicated family lawyers have the knowledge necessary to help you with your case. Our firm has assisted thousands of clients in Illinois, and we will fight hard for you. We strongly believe that every client matters, and we strive to provide the passionate, personalized, and compassionate service that you deserve. Contact Hurst, Robin, Kay & Allen, LLC today to schedule a consultation.

What Might Make A Prenup Void In Illinois?

A prenuptial agreement can be deemed invalid if certain conditions aren’t met. For example, the document must be in writing and signed voluntarily by both parties. If one party was pressured or coerced into signing, the agreement may be void. Additionally, the terms of the agreement must be fair and not overly one-sided. If a court determines that one party withheld important financial information or if the terms are unconscionable, the prenup may be invalidated. To help prevent such issues, working with our Illinois prenuptial agreement lawyer is a good step in creating an enforceable agreement. If you believe that your prenup is invalid under the law, speak with one of our IL family law attorneys today.

What Should I Include In My Prenup?

A prenuptial agreement typically outlines how assets and debts will be handled during the marriage and in the event of divorce. This can include property ownership, retirement accounts, business interests, and other financial matters. It’s also common to address how future income will be divided and whether one party will receive spousal support. The agreement can also cover certain responsibilities during the marriage, such as handling joint accounts or shared expenses. Each prenup will be different based on your personal situation and desires. By having our prenuptial agreement lawyer help you, you can ensure that your prenup represents your best interests. Having a detailed and clear document helps minimize misunderstandings later.

What Is Not Protected In A Prenup?

While a prenup can address many financial aspects, there are limitations. In Illinois, child custody and child support arrangements cannot be decided in a prenuptial agreement. These matters are determined based on the child’s best interests at the time of a divorce or separation. Additionally, a prenup cannot include anything illegal or against public policy. Non-financial personal preferences, such as household duties or parenting methods, are also generally not enforceable in a legal agreement.

How Far In Advance Should I Create A Prenup?

It’s advisable to start working on a prenuptial agreement well before the wedding. Ideally, the process should begin several months in advance to allow both parties enough time to review the terms and consult with their respective attorneys. If the agreement is signed too close to the wedding date, one party could argue that they were pressured, which might lead to the agreement being challenged later. Starting early helps ensure there is adequate time for discussion and thoughtful decision-making.

How Can I Determine What Is A Fair Split For My Prenup?

Determining a fair division of assets often involves evaluating each person’s financial situation, including income, property, and debts. It’s important to consider both current circumstances and potential future changes, such as career advancements or inheritances. Both parties should disclose their financial information fully and openly. Our Illinois prenuptial agreement lawyer can help both parties negotiate terms that feel equitable and reflect their individual priorities in order to create an effective prenup in a collaborative manner.

What Should I Consider Before Signing A Prenup? 

When you are trying to find out if a prenuptial agreement is right for you, you first need to determine and understand what you hope to get out of it. What is motivating you to consider one? What are you trying to achieve? There are certain scenarios in which it may be a sensible decision, such as the type of assets you have and whether you have been previously married. You may want to sign a prenup because you have specific values and preferences from your partner. Go over your goals and preferences to understand your reasoning for considering the agreement before you opt to sign.

Can A Prenup Help If I Have Multiple Children?

Some people choose to sign a prenuptial agreement because they have complex family dynamics. They may have one or more children from a different marriage, or have step children. With a prenuptial agreement, it can accommodate things like child care or child support payments. In your prenup you can include all children that you have, even any future ones following your upcoming marriage. This decision can be challenging to make, especially if you are not sure if you want to have kids. You may want to discuss your needs with a lawyer and they can tell you what terms the prenuptial agreement should include if you want it to benefit your family.

Contact Our Family Law Firm Today

A prenuptial agreement can provide clarity and peace of mind as you begin your marriage. At Hurst, Robin, Kay & Allen, LLC, we assist couples in drafting agreements that address their unique needs and protect their interests. If you’re looking for guidance from our experienced prenuptial agreement attorney, we’re here to help. Contact us today to discuss your options and take the first step toward preparing for your future together.