Courtney ∙ Clark Law, P.C.Courtney ∙ Clark Law, P.C.
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Prenups involve much more than property division issues

Many misconceptions and myths exist when it comes to prenuptial agreements. Although these contracts are usually signed to prevent contention and disputes about property division in the event of divorce, they can serve numerous other purposes. Anyone in Illinois who is planning to get married might benefit from making a prenup a priority before walking down the aisle.

One myth is that prenuptial agreements are only for the wealthy, which is not true because they can address matters such as alimony, debts brought into the marriage and much more. Although some believe that a prenup is only signed by those who expect to get divorced, many others understand that it can serve as a financial road map for the marriage and also provide peace of mind by ensuring the interests of both spouses are protected. Furthermore, a prenup doesn't just concern the possibility of divorce but can also dictate what is to occur if one spouse dies.

Although some believe anything can be included in a marital contract, it would still be subject to the court's perception of fairness. Signing a prenup in the presence of the respective attorneys of the parties might show the court that there was no pressure or coercion involved and that both parties understood what they were signing. A court might question an agreement that was signed on the eve of the wedding as that might create the impression of possible intimidation or pressure.

Because there are so many different opinions about prenuptial and postnuptial agreements, it might be wise to discuss the issue with an experienced Illinois attorney. A lawyer can answer questions about property division and the pros and cons of signing a marriage contract. The attorney can assist with drafting the document or the assessment of an agreement prepared by the other spouse's legal counsel. Getting these matters out of the way early can allow the couple ample time to make the necessary arrangements for a perfect wedding, and then they can work on the "happily ever after" part of it.

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

Toll Free: 866-921-8767
Phone: 618-207-3458
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