In 1990, Illinois introduced its version of the Premarital Agreement Act, which defines a pre-marital agreement as an agreement between potential spouses reached in contemplation of marriage to be effective with marriage. These agreements must be concluded in writing and signed voluntarily by both parties. The Illinois UpAA makes it clear what can be included in these agreements: these agreements can only be amended or denounced with written confirmation from both parties. In addition, spouses will often develop such agreements during a marriage, which can be called post-marriage agreements. There are circumstances in which a marriage agreement can be considered null and void; This is why it is best for couples to consult an experienced Chicago family law lawyer when creating a prenup. The cases in which prenups cannot be rewarded by the state are: a marriage agreement enters into force with the marriage. During the marriage, the contractual terms can only be changed or revoked by a written agreement signed by both spouses. Some of the common reasons for the changes to a matrimonial contract are made: marriage contracts will come into force on marriage, and while a lawyer is not legally necessary if asked to invalidate a marital or post-ascending agreement, the judge will check whether the disadvantaged spouse had appropriate legal assistance before the signing of the agreement. In cases where a spouse did not have legal representation or was not informed of his or her right to consult a lawyer, the likelihood of the agreement being invalidated is much greater. A post-marital agreement takes place between the spouses after the marriage, but before the divorce, taking into account any future events and the heritage interests that may arise.
You should also have the assistance of a lawyer before entering into a post-uptial agreement. Talk to a lawyer at Weiss-Kunz- Oliver, LLC, to discuss your circumstances. Our lawyers represent your interests and work with the independent lawyer for the other party to achieve the stated objectives. We help our clients take into account all aspects of marriage and insert them into the allocation of values to each case. This approach allows each party to ensure that its objectives are properly captured and protected.