Because divorce can get complicated and emotionally frustrating for many people, some couples choose to create documents that outline property division should a separation or divorce occur. At Lois Kulinsky & Associates, Ltd., we help couples put together prenuptial and postnuptial agreements to provide peace of mind and a smoother separation process.
The Illinois Marriage and Dissolution of Marriage Act honors documents that address marital property as long as they are put together legally. The agreements must be in writing and signed by both spouses who willingly agree to the terms. Contracts that contain invalid provisions or do not meet legal requirements may not be honored in court.
There are two main types of agreements: prenuptial contracts that couples sign prior to getting married, and postnuptial documents that can be put together following the union. Both agreements can outline various aspects of property division, such as the following:
- Protecting each other from incurring unnecessary debts
- Keeping finances separate
- Ensuring certain property remains in the family
- Providing for children who come from other marriages
Perhaps most importantly, these documents will outline who will get what in the event of divorce. Without one, your property may be subjected to a court’s discretion, which means you risk losing substantial amounts of money or precious items.
Our attorneys at Lois Kulinsky & Associates, Ltd., can help couples draft and enforce agreements at any stage of the relationship. We understand the importance of protecting your interests and can help you develop a contract that suits both parties.
For more information on this topic, please visit our page on property division.