7000 W. 127th Street, Palos Heights, IL 60463

708-448-LAWS [708-448-5297]

Law Office of James A. Podgorny

Palos Heights Prenuptial Agreement Lawyer

Homewood prenuptial agreement attorney

Divorce Attorney for Postnuptial Agreements in Orland Park, Oak Lawn, and Oak Forest

When you get married, your expectation is that the union with your spouse will last "as long as you both shall live." Sometimes, things do not work out that way, which is why many couples choose to plan for the worst-case scenario prior to marriage, so a legal framework of joint protection is in place if they get divorced. This is called a prenuptial agreement. 

In situations where significant life changes occur or issues arise after a couple gets married, or if they decide they should have filed a prenup, spouses can create a postnuptial agreement.

The stigma that once sullied these types of agreements is largely gone, because many couples now feel that preparing for a potential divorce is not an indictment of their current relationship. At the Law Office of James A. Podgorny, we diligently work with spouses to craft prenups and postnups that secure a stable future for both parties if their marriage comes to an unfortunate conclusion.

Who Should Have a Prenup?

Couples can put almost anything they want into a prenuptial agreement, including:

  • A full financial disclosure to determine pre-marital assets and debts for the purpose of property division and debt allocation
  • Whether spousal support would be paid or waived and the specific amount and timeframe
  • Specific inheritance instructions for children from prior relationships
  • Disposition of family heirlooms
  • Cheater clauses

While prenuptial agreements can benefit most couples, they are especially helpful for:

  • High-asset individuals, and those with a significantly higher net-worth than their spouse, to ensure their financial situation and designated inheritances are secure
  • Business owners, who either operate an enterprise on their own, with their future spouse, or with business partners
  • Couples with children from previous marriages, for whom they may want to set inheritance amounts or percentages before entering into a new marriage

If any of these situations apply to you, or you have seriously deliberated whether to get a prenup, you probably need one. The Law Office of James A. Podgorny is prepared to help you and your spouse draft a prenuptial agreement with the understanding that this is a non-adversarial procedure that provides extra security and clarification for the future.

Should I Get a Postnuptial Agreement?

A postnuptial agreement can benefit couples who start a business together after their wedding day, who come into substantial wealth, or who have seen a decline in their marriage and want to plan for what divorce could look like. Like a prenup, these agreements are legally binding, unless the court finds a provision to be unfair to one spouse or not in the best interests of your children.

Contact a Cook County Family Law Attorney

Most couples who enter into a prenuptial agreement do so without hesitation, because both individuals are part of the process that decides what will be included. If you plan to get married, and your future spouse is in fierce opposition to a prenup, that could be reason for concern. Whatever your situation, the Law Office of James A. Podgorny will sit down with you to fully assess your needs and wants to determine the best course of action. For your prenuptial or postnuptial questions, contact an Orland Park family lawyer at 708-448-5297 for a free consultation. We serve clients throughout Will County, Joliet, Crestwood, Palos Park, Palos Hills, Worth, Alsip, and Burbank.

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