Legal Issues

If you listen to the radio long enough you’re going to hear one of these ads about one of these internet websites where for $29.95 you can have a form that you download off their website, and you fill in a couple of blanks and sign it, and call it a prenup. I’ve been involved […]

It provides the certainty of what’s going to happen in the event that this marriage breaks down and ultimately ends in a divorce. From the timing and cost standpoint, and from taking out issues that are going to be in controversy between the parties, we really don’t see that there’s any downside to it. For […]

Yes. All that’s really required is that the document be in writing and that it be voluntarily entered into by each party. When we’re talking about modifying either an existing prenup or entering into a post-nup, if there wasn’t a prenup that was entered into that’s a slightly more tricky situation, and there is certainly […]

Yes, those are the situations where there’s all kind of potential landmines. You can talk about ownership of the home that the parties are going to occupy, you can talk about payment of mortgage, and what about necessary repairs in the future? Who’s going to pay the real estate taxes? Who’s going to benefit from […]

In order to create the prenup each party is going to need to assemble a list of their income, assets, debts, and expenses. An agreed-upon list of issues is also going to help the lawyer who is going to negotiate and draft the prenup. Presumably the parties have discussed, at least in a general sense, […]

Looking at the cost benefit of a prenup, it’s immediately apparent that it’s a good investment for each party. It gives some much needed certainty to the relationship. If this marriage is going to end unsuccessfully, you know by simply pulling out the document what 80% or 90% of the issues are going to look […]

A post-marital agreement is a document that can be supported without any consideration, so there doesn’t have to be anything given up in the process of entering into that. The legislature in Illinois encourages people, if they are able to peacefully resolve potential disputes, and to do so in writing, and it has to be […]

It’s a document that’s entered into before the marriage by the parties before they celebrate the nuptials, and is then effective upon their marriage. The timing is significant. Presumably there are few, if any, major disputes between the parties at the time, or a few months before the marriage. Nothing has really had an opportunity […]