St Charles Marital Agreement Lawyers

Prenuptial and Postnuptial Agreement Attorneys in Kane County

It is a common misconception that only people with high assets should enter into a prenuptial agreement. However, couples of any income are able to and should enact marital agreements. Assets such as vehicles, retirement accounts, and property can be considered in a prenuptial or postnuptial agreement. By creating a prenup or postnup, a couple can take some of the uncertainty out of a potential divorce, and they can also avoid potential conflict while making sure the financial interests of both parties are protected.

The experienced Kane County attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can assist you in negotiating and drafting marital agreements. We consider all possibilities and ensure that our clients' best interests are protected. We will help you determine when a prenup or postnup may be beneficial, work with you to negotiate an agreement that will protect and provide for the needs and interests of both parties, and make sure the terms of an agreement will be enforceable if you should decide to get a divorce in the future.

Why Draft a Marital Agreement?

Prenuptial and postnuptial agreements can be enacted for various reasons. Our seasoned attorneys have helped hundreds of clients gain peace of mind when entering a marriage. A marital agreement can be useful for the following situations:

  • One party has valuable assets at stake such as businesses, real estate, or stock holdings;
  • One spouse brings in a higher income than the other spouse and wants to protect his or her assets;
  • One party has a significant amount of debt and the other party does not want to be responsible; or
  • There are children to consider from a previous relationship and a parent wants to ensure that their inheritance will be protected.

Though prenuptial or postnuptial agreements seem to presume that a divorce is inevitable, these documents are actually smart safety nets. Should the unlikely happen, and you and your spouse decide to end your marriage, both parties will be protected. Also, the divorce process could potentially be resolved quickly.

A prenuptial or postnuptial agreement can not only help a divorce go more smoothly, but it also provides a clear route through the maze of divorce. Marital agreements can include decisions regarding the fair distribution of assets and provide financial security for one or both parties involved. A prenup or postnup can specify whether spousal maintenance will be appropriate, how much one spouse will pay to the other, and how long these payments will last. Most financial matters can be addressed in a prenuptial or postnuptial agreement, and you and your spouse can negotiate terms that will provide for each party's financial needs while protecting and preserving any assets either party owned before getting married.

Marital agreements can also be updated should you and your spouse change your minds. Whether you are drafting a new marital agreement or modifying your current one, our lawyers can help. We will advise you on what to include in your agreement while ensuring that the terms abide by the applicable laws and will be enforceable if you choose to get a divorce. If you have a prenup or postnup in place, we can make sure you understand how it will affect the decisions made during your divorce.

Contact a Wheaton Prenuptial Agreement Attorney

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have assisted clients with marital agreements and other family law issues for decades. Our experienced attorneys can offer you peace of mind through the effective drafting of a prenuptial or postnuptial agreement that will stand in a court of law. For more information about marital agreements or to find out if one is right for you, contact our law firm by calling 630-665-7300. We provide legal help to clients throughout DuPage County and Kane County and the Northern Illinois communities of Wheaton, Naperville, Downers Grove, St. Charles, Elgin, Aurora, Geneva, and Batavia.

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