Prenuptial or postnuptial agreements can be excellent tools for married couples. These agreements can accomplish legal tasks such as designating separate property for each spouse, predetermining how property is to be divided in the event of a divorce, and even requiring each other to create an estate plan naming the other as a beneficiary. However, there are certain clauses that are prohibited in these agreements. Even if both parties willingly agree to a clause, the clause in question may not be enforced if it is statutorily prohibited or would have certain unlawful effects in application. Although other parts of the prenuptial agreement may be enforced, the prohibited clauses are highly likely to be stricken from the contract at the judicial level.
It is advisable for each person who is contemplating entering a prenuptial agreement to have independent legal representation. An attorney can guard your interests during the process of developing and drafting this important legal contract.
Clauses You Cannot Agree to in Your Prenuptial Agreement
It is good practice to assess each clause not only patently as it is written, but in regard to the potential latent effects that may arise during enforcement. Prohibited terms in an Illinois prenuptial or postnuptial agreement may include:
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