A premarital agreement (also known as a prenuptial or antenuptial agreement) is a contract entered into by individuals prior to marriage or a civil union. The premarital agreement can be drafted to predetermine the couples' rights relating to income, property, maintenance and other issues that arise in the event of the couples’ separation or divorce. Additionally, a premarital agreement can be used to address the disposition of assets upon a spouse’s death. Illinois enacted the Illinois Uniform Premarital Agreement Act which sets forth the requirements of a premarital agreement and the standard for challenging the validity of a premarital agreement. Clark & Steiner’s attorneys have substantial experience drafting premarital agreements and litigating challenges to the validity of premarital agreements from the position of the challenger and the individual defending the validity of an agreement.
A postnuptial agreement is a contract entered into by individuals after the individuals entered into the marriage or civil union. The postnuptial agreement is similar to a premarital agreement in that it can be used to predetermine the couples’ rights relating to income, property, maintenance and other issues that arise in the event of the couples’ separation or divorce. There are various circumstances which make a postnuptial agreement a good financial decision for spouses. Clark & Steiner’s attorneys have substantial experience drafting postnuptial agreements on behalf of clients and advising clients on the legal impact of postnuptial agreements on their particular circumstances.
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