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Property division addressed in a prenup can give peace of mind

Many people in Illinois wait until they have established a career before they enter into marriage. By that time, both parties might have acquired assets such as a home, a vehicle and possibly a business. It would only be natural to want to protect those assets, and the best way to ensure fair property division in the unfortunate event of a divorce is to sign a prenuptial agreement. The same applies to those entering into second or subsequent marriages.

Having an open discussion about shared finances and protecting property can prepare both spouses for the need to communicate and compromise throughout the marriage. A business owner without a prenup could lose the business if there is a divorce. Also, if one spouse owns more assets, which might include an inheritance, a marital agreement can protect it. Such a contract is also the most appropriate way to deal with debt that each party brings into the marriage.

Another matter of concern could be the spouse who earns less or agrees to put a career on hold to be a stay-at-home parent. A prenuptial agreement can ensure financial support for that spouse in the event of a divorce -- even if it is only until he or she secures employment. For many people, their pets are seen as part of the family, and it is not unusual to include an agreement about pet custody in a prenuptial contract.

Once a couple has agreed to sign a prenuptial agreement, the next step would be for each to retain the services of an experienced divorce attorney with whose guidance and support a marital contract can be drafted. It is best to do this well in advance of the wedding to ensure the agreement is valid. Having a prenup in place could give any Illinois couple peace of mind knowing that property division would be fair in the event of a divorce.

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Courtney ∙ Clark Law, P.C.
104 South Charles Street
Belleville, IL 62220

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