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All About Postnuptial Agreements

Published on May 8th, 2020

For some soon-to-be-married couples, a prenuptial agreement provides peace of mind on their big day; for others, even mentioning divorce feels like a bad omen. The good news is that those who choose to skip a prenup still have the option of creating a postnuptial agreement. Our divorce and family attorney in Rockford, IL helps facilitate this for many couples. 

What Can a Postnuptial Agreement Affirm?

Getting a postnup can be a good way to declare what happens in the event of a divorce, as well as the present expectations for your marriage. A postnup can include just about any clause you want—bearing in mind that a judge will only enforce what is deemed fair and reasonable.

Common Topics for Postnuptial Agreements

Property Ownership

When you come to the table to make a postnuptial agreement, all existing marital property will be up for discussion. Possible topics include deciding if property will be held in one or both names and who will live at the residence in the event of a divorce.

Marital Goals, Roles, and Parenting

For some couples, formally declaring what the roles and responsibilities of each person simplifies life together—as well as apart. During your postnup, you and your spouse can declare the different goals you have for your marriage and what each person’s role will be in attaining them. If children are part of the picture, you can declare your educational goals, parenting style, or the religion they will be raised with.

Earnings, Debt, and Inheritance

Communication and money issues are among the top reasons couples file for divorce; clarifying these points sooner can help make things easier on both parties. You can determine where earnings will be deposited, who will manage the credit cards, and who owns what debt. If one person is set to inherit assets, a postnup is an excellent way to establish full ownership of them.

Wills and Estate Planning

Discussing what will happen in the event of your partner’s death can be unpleasant, but having a plan can simplify things in the worst circumstances. A postnup can override the general state laws regarding inheritance in place of a will.

Can a Postnuptial Agreement Save a Marriage?

It’s becoming more and more common for couples to create postnups that are more focused on improving the existing marriage. With money and communication issues among the top reasons couples file for divorce, the clarity a postnup brings may actually help improve the relationship.

Contact Our Divorce and Family Attorney in Rockford, Il

There’s no bad time to have a postnuptial agreement made. If your relationship is in a period of smooth sailing, it may be an ideal time to make big decisions. When disagreements arise, our qualified divorce and family attorney in Rockford, Il can help you sort them out with a formal postnup. If you have any questions about our process or would like to schedule a meeting, please do not hesitate to contact us.

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