Revisiting a prenuptial agreement during a divorce
Prenuptial agreements, sometimes called premarital agreements, are contracts that are drafted before two people are joined in marriage. Prenuptial agreements often cover topics related to how the parties do and will own items of property and may also address if and how alimony should be awarded in the event that the parties’ marriage ends in divorce.
A prenuptial agreement predates a marriage, and therefore it may sit unvisited for years if the couple that created it stays married. Over time the terms in that agreement may become more or less applicable to the lives of the parties; in the event that they wish to divorce they may need to revisit and revise their expectations for how their property and wealth will be treated in their divorce.
A prenuptial agreement may be set aside if it is deficient or violates the law, but the parties may also argue for its exclusion from their divorce if it does not serve their needs. Arguing for setting aside a prenuptial agreement can be complicated and can benefit from the support and guidance of knowledgeable divorce attorneys.
At the Stange Law Firm, clients are recognized as individuals with diverse legal needs. For those who are struggling with reconciling the terms of their prenuptial agreements with their needs during their divorces, help is available. While it is never possible to anticipate the outcome of any legal matter, the attorneys of the firm can help their clients understand what may happen and what they can do to advocate for their own interests. More information about Illinois divorces can be found through the Stange Law Firm’s website.