You Are Filled With Questions About Your Divorce, Bankruptcy, or Real Estate Transaction. Get the Answers You Need from a Schaumburg Family Law Attorney!
Going through something as difficult as a major event can leave you filled with questions about the past, present, and what to expect in the future. Get answers to some of the top questions I receive about Illinois law and about my practice specifically to help put your mind at ease.
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In Illinois, how soon should I do a Pre-Nup before my wedding?
In Illinois, if you want your Prenuptial Agreement to hold up in court, plan it and sign it early. Don't wait until the night of your rehearsal dinner to get it done. In the event of a divorce, antenuptial agreements have been sucessfully challenged if signed too close to the date of the marriage. The reasoning goes something like this: if a prenup was signed too close to the wedding, there wasn't time to seriously contemplate it and the person signing it didn't have much choice in the matter given how soon the marriage was coming up. Other critical considerations when making a pre-nuptial agreement are having your own lawyer and making a full disclosure of finances and assets.
Can our Prenuptial Agreement be Mediated?
Yes! There's something inherently awkward about lawyering up against your finance in the midst of chosing flowers and trying on wedding dresses. However, Prenuptial Agreements ("Prenups") often make good sense and as more couples are marrying later in life, they are a reality of modern times. While it is absolutely crucial that both people hire lawyers for a number of reasons, you may want to consider seeing a mediator together early on who can help you agree on the terms. If you can peacefully agree on the big terms of your prenup during mediation, then the lawyer part shouldn't get nasty as the lawyer's role will be primarily to prepare the written agreement in legally valid terms and to ensure that it is understood while offering legal advice and in some cases, suggesting changes for your own good.
If you are considering a prenup agreement, remember that the sooner it is out of the way, the better chance it has of holding up. At O'Connor Cadiz Law, you can have your prenup mediated or, if you have already mediated the prenup and need an attorney to prepare or review it for you, give us a call at 630 250-8813 for an appointment in Schaumburg or Itasca.