Courtney ∙ Clark Law, P.C.Courtney ∙ Clark Law, P.C.
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Prenuptial agreements can simplify property division in divorce

Prenuptial agreements have become essential parts of many marriages in Illinois. They have also become as crucial in divorces and property division. No longer are prenups regarded as contracts for the rich. They are legally binding agreements that will protect the assets that each spouse brings into the marriage and determines how any assets and property they acquire during the marriage will be split in the event of a divorce. It could also protect a spouse who gives up a career to take care of the family home and the children.

Without a prenuptial agreement that lists each spouse's assets, they will have to prove to the court which assets belonged to whom before and after the marriage. Even before the wedding, a couple can address existing debt and debt that might be incurred during the marriage. This can ensure one spouse is not left responsible for debts accumulated by the other. Without a prenuptial agreement, expensive litigation may be required to determine responsibility for debts.

Inclusion in a prenuptial agreement can protect any inherited property or anticipated inheritances. In the event of a divorce, the recipient of an inherited estate will remain the owner of it. This is also a valuable tool to protect assets for children from a previous marriage.

The laws of the state will govern property division in the absence of a prenuptial agreement. An Illinois divorce attorney can explain the pros and cons of a prenuptial agreement and answer any questions a soon-to-be-married person might have. A lawyer can also assist with the drafting of such a contract or review one that was drafted by the other spouse's attorney before it is signed.

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Courtney ∙ Clark Law, P.C.
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Belleville, IL 62220

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