Aurora Prenuptial Agreement Attorney

Law Firm Helping Couples Create Valid Premarital Agreements in Kane County

When a couple decides to get married, they will likely be combining nearly every aspect of their lives, including the property they own, the income they earn, and other personal, financial, and legal concerns. While the possible end of their marriage is probably the last thing on their minds, couples may want to decide how these various aspects will be handled in the case of divorce or the death of a spouse. By creating a premarital agreement (also known as a prenuptial agreement or "prenup"), couples can ensure that they will be protected should the unthinkable happen.

At Swearingen Law Offices, we believe in educating our clients about Illinois' family law statutes, and we will work with you to make sure you understand the terms of your premarital agreement and how the law applies to your situation. Attorney Brad Swearingen has over 38 years of experience in family law, and he will help you create a prenuptial agreement which protects your rights and provides you with the confidence and security you need.

Creating Enforceable Prenuptial Agreements Under Illinois Law

In Illinois, prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act, which states that the parties who enter into this type of agreement may make decisions about:

• The rights and obligations of each spouse regarding property acquired by either spouse before or during the marriage.
• How assets and debts will be divided if the marriage ends.
• Whether one spouse will be obligated to pay spousal maintenance following divorce.
• Whether a will, trust, or other method will be used to carry out the terms of the prenuptial agreement.
• Each spouse's rights to the benefits from life insurance policies.
• The jurisdiction where any future legal disputes (such as divorce or the allocation of parental responsibility) will be heard.

A prenuptial agreement goes into effect when the parties become legally married. It can be amended after marriage through a written agreement signed by both spouses. The terms of a premarital agreement are only enforceable if the following requirements are met:

• Both parties must enter into the agreement voluntarily.
• The parties must provide each other with a full disclosure of the income they earn, the property they own, and their financial obligations. One or both spouses can voluntarily waive their right to receive financial disclosure from the other spouse.

Contact a Kane County Family Law Attorney

When creating a prenuptial agreement which will provide you with the financial and legal protections you need if your marriage ever ends, the assistance of an experienced attorney is essential. At Swearingen Law Offices, we will review the law and the terms of your agreement with you, making sure that it meets the legal requirements to be valid and enforceable in Illinois. Contact an Aurora prenuptial agreement lawyer at 630-820-8877 to schedule a consultation. We serve clients in Batavia, Naperville, Montgomery, Warrenville, and throughout Kane, Kendall, and DuPage Counties.