What Can and Cannot Be Included in an Illinois Prenuptial Agreement?

 Posted on November 13, 2019 in Divorce

Marriage is a big decision, and before entering into that legal partnership with your spouse, you may want to take steps to protect your rights, your property, and your finances. In many cases, a prenuptial agreement can be beneficial for both spouses. However, before entering into a premarital agreement, you will need clarification on what can and cannot be included in the prenup. Discussing your thoughts and ideas with an experienced family law attorney will ensure that you understand how to create an agreement that meets your needs.  

Personal Matters

Before getting married, you may want to address how certain matters will be handled between you and your spouse. While a prenup may include certain rules about personal issues such as chores, holiday plans, friendships, or hobbies, these terms will typically not be legally enforceable. For example, you may want to make an agreement about who will be responsible for cooking and cleaning, but a prenup cannot impose penalties if one spouse fails to abide by these arrangements. You should speak to your attorney to discuss whether to include these types of terms in your prenup.

Financial Plans

One of the greatest benefits a prenuptial agreement can offer is a monetary arrangement in the event that the marriage ends in divorce. A prenup can specify whether one spouse will pay spousal maintenance (alimony) to the other, as well as the amount and duration of these payments. An agreement may also address how property will be divided between the spouses. Furthermore, certain guidelines can be put in place to address how assets will be divided, or to specify when alimony will or will not be awarded, such as in the case of infidelity. However, terms of a prenuptial agreement that modify or eliminate a spouse’s right to spousal support may be invalidated by a judge if they are deemed to be unfair or if they would place a spouse in unforeseen financial hardship.

Child Custody and Child Support

The allocation of parental responsibilities and child support are two matters that cannot be addressed in a prenuptial agreement. During a divorce, parents are encouraged to work together to create a parenting plan. If they cannot reach an agreement, the judge in their case will make these decisions based on what is in the children’s best interests. Determinations about what is best for a child are made at the time of the parents’ separation and divorce, so a couple cannot decide these matters ahead of time in a prenuptial agreement.

Contact an Oak Park Prenuptial Agreement Lawyer

Due to the complexities involved in a marital partnership and a potential divorce, a prenuptial agreement may provide you and your spouse with a sense of comfort. The Law Office of Vincent C. Machroli, P.C. can help you create a premarital agreement that meets your needs, and we can help you determine your rights regarding the enforceability of a prenup during a divorce. To schedule a free consultation with a knowledgeable Hillside, IL family law attorney, contact our office at 708-449-7404. 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59

https://www.mortgagecalculator.org/helpful-advice/prenuptial-agreements.php