The Law Offices of Nancy Kasko, LLC

Call Today for Your FREE Consultation
Call Us 630-967-4666

2100 Manchester Road, Suite 1628, Wheaton, IL 60187

A Prenuptial or Postnuptial Agreement Is Sensible Marital Planning

Posted on in Family law

Wheaton postnuptial agreement attorneyMost people are familiar with the concept of a “prenuptial agreement.” A legally binding agreement between two prospective spouses, a prenuptial agreement stipulates in advance how the assets and liabilities of the soon-to-be-married couple will be distributed in the event the marriage ends in divorce. Such agreements are relatively common when there is a sizeable age or wealth gap between prospective spouses, or when children from previous unions will be brought together by the new marriage. 

Despite the statistic that between 40 and 50% of U.S. marriages end in divorce, prenuptial agreements remain a rather touchy subject, perhaps because they are perceived as “unromantic” – the possible end of the marriage is the last thing one wants to contemplate prior to uttering the words “til death do us part.” Given the statistics, such a dismissive attitude is problematic. Prenuptial agreements, and their post-union counterpart, postnuptial agreements, are worth giving serious consideration to. With the assistance of an experienced family law attorney, it is possible to craft a pre- or postnuptial agreement without introducing excessive tension into a relationship. Really, it is just sensible planning.

Prenuptial and Postnuptial Agreements Are Legal Contracts

Because prenuptial and postnuptial agreements are contracts much like any other – a meeting of the minds in the form of offer and acceptance, and supplemented with consideration – it is imperative that one rely on an experienced family law attorney to do the drafting of the contract. Moreover, if tension does arise in the process of contemplating and executing a pre- or postnuptial agreement, an attorney certified in mediation will work to bring everyone together towards a mutually agreeable resolution.

A postnuptial agreement was recently at issue in the true-life, top-rated podcast, Dirty John, in which one spouse, a wealthy and successful interior designer, explores a postnuptial agreement designed to ensure that her children (rather than her increasingly not-who-he-seems husband) would benefit from her sizeable estate. The issue of the agreement was ultimately proved moot, but the woman was wise to take the first step: contacting a knowledgeable family law attorney.

Sensible Planning is a Part of Life

Whether you are about to enter a marital union or planning from within an existing union, an attorney who is experienced in drafting pre- and postnuptial agreements will be of great assistance. A professionally drafted agreement compliant with all formalities required by Illinois state law will bring peace of mind as to the future of your estate. Contact a West Chicago family law attorney at 630-836-8540 to schedule a free consultation.


DuPage County Bar Association Kane County Bar Association Illinois State Bar Association Chicago Bar Association DuPage Association of Women Lawyers
The Law Offices of Nancy Kasko, LLC
Facebook Twitter LinkedIn
Back to Top