Many modern couples enjoy the security of a strong prenuptial agreement. Prenuptial or postnuptial agreements can secure each spouse’s separate property or govern how marital property is to be divided in a divorce. For some, a legally sound prenuptial agreement can make the divorce process more expedient and less stressful. There may be very little property or money not governed by the agreement, making any negotiations of this nature generally brief. However, prenuptial and postnuptial agreements cannot settle the totality of the issues in each divorce case. The allocation of parenting time and parental responsibility cannot be predetermined by agreement. Further, a prenuptial or postnuptial agreement may disproportionately disfavor one party, leading to questions of enforceability. If you have a prenuptial agreement and are getting divorced, it is important to consult with a lawyer to learn more about how your contract will affect your divorce.
Child Custody Issues Must Still be Determined
Illinois fiancés or spouses are not permitted to use their prenuptial or postnuptial agreements to predetermine child custody issues in the event of the divorce. The policy purpose here is to protect children’s best interests. A decision made years in advance - often concerning a child who does not yet exist - may not be what is best for the child. Parents must either make an agreement at the time of divorce or allow the court to decide the issue in the best interests of the children.
Some Property May Not Be Addressed
It can be difficult or impossible to predict what type of marital property you and your spouse will acquire throughout the duration of the marriage while you are still engaged or newly married. There is a substantial likelihood that there exists marital property not controlled by agreement. Any marital property falling outside the scope of the agreement will need to be divided equitably....