Many people get married without creating a prenuptial agreement. Then, maybe a few years or even a few days after the wedding, they determine that they need a bit of protection in case they get divorced. Maybe they have started a business that is hugely successful. Or, maybe they just did not realize how much they needed a prenuptial agreement before the big day. Whatever the reason, now the couple understands that they need to protect their assets. So, they start thinking about drafting a postnuptial agreement.
When this is the case, the couple may decide to simply draft an agreement on their own and sign it. That is perfectly legal and, if done right, enforceable. However, doing it right is key. An Illinois family lawyer can help with this and ensure that in the event that the worst happens, everyone is protected. Below are just two reasons you should not draft a postnuptial agreement without first speaking to an attorney.
An Attorney Will Ensure You Are Protected
Postnuptial agreements are legal documents that, when done right, can help protect both spouses. However, when they are not done right, postnuptial agreements also pose risks for both spouses. Postnuptial agreements are legally binding documents and so, neither spouse can remove themselves from the terms later on simply because they do not like them, or because they did not read or fully understand what the contract said....