Although no couple wants to think about getting divorced before they have even gotten married, having a prenuptial agreement can provide several benefits to the couple, even if they do not get divorced. Couples in Chicago have used prenuptial agreements to settle many issues involving their assets, their debts, and more. Deciding how these issues will be resolved before the couple becomes entangled in an emotional divorce proceeding will expedite the divorce process, should it become necessary.
For most couples, sitting down to create a prenuptial agreement fosters communication between them, which will only strengthen their relationship as they approach marriage. In most prenuptial agreements, the couple determines how their property will be divided. For example, perhaps you inherited a significant sum of money from a grandparent. In many divorce cases, the parties argue over inherited property, but you can establish that this inheritance is yours and yours alone. Additionally, you can agree that your student loans, credit card debt, and other such debts will remain yours.
It is important to note that terms involving child custody and child support will likely not be upheld by an Illinois family court. Child custody issues must be resolved at the time of a divorce, based upon the circumstances of the case. Additionally, Illinois law has determined that child support belongs to the child, so the parents cannot contract it away in a prenuptial agreement. In most cases, the courts will not honor an agreement that was made before the children were even born.
In many cases, the parties agree that certain behaviors will not be tolerated during the marriage. For example, the parties may agree that if one party commits adultery, that party will not be eligible for alimony from the other spouse in the event that they decide to divorce.