Chicago Illinois Premarital Agreements Package

State:
Illinois
City:
Chicago
Control #:
IL-P035-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The forms describe the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce.


These forms are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.


Included in your package are the following forms:



1. Prenuptial Premarital Agreement without Financial Statements;

2. Amendment to Prenuptial or Premarital Agreement;

3. Financial Statements only in Connection with Prenuptial Premarital Agreement;

4. Revocation of Premarital or Prenuptial Agreement

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How to fill out Illinois Premarital Agreements Package?

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FAQ

The law does not allow a couple to include any terms regarding child custody, visitation or support in a prenuptial or postnuptial agreement. This is because a judge will make these decisions in a divorce case based on the child's best interests.

According to Business Insider, the cost of a traditional prenup could range from $2,500 to $10,000+ per partner. If you're dealing with an attorney, you need to remember that pretty much all of the time you spend with them is on the clock- they usually bill by the hour.

A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.

Unconscionability Invalidates a Prenuptial Agreement One party signed the agreement involuntarily or not by choice. One party demonstrates that the other party did not divulge all relevant information. One party can prove he/she was not allowed access to an attorney before signing the prenup.

Illinois, like many states, has adopted the Uniform Premarital Agreement Act (UPAA). The UPAA is a set of guidelines that govern how courts decide whether a prenuptial agreement is enforceable. All prenuptial agreements must be in writing. Both spouses must also sign the agreement for it to be enforceable.

When it comes to monetary assets, a prenup can also protect the future earnings of one or both parties so they are not up for grabs during a divorce.

Is a Postnup Always Enforced During an Illinois Divorce? In Illinois, a pre or postnuptial agreement that is made willingly and is generally fair and equitable will be enforced. However, according to the law if a postnuptial agreement is found to be ?unconscionable?, it will be thrown out.

The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.

Be a written contract?no verbal agreements. Have lawful terms within the prenup. Include the signatures from both parties. Must be signed voluntarily (can't involve coercion, duress, intimidation, or deceit)

Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.

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Chicago Illinois Premarital Agreements Package