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Future-Proof Your Love Story with Hanauer Law

Signing a prenuptial agreement doesn’t question your commitment; it protects it. Our prenuptial agreement attorneys in Naperville provide clear, empathetic counsel, shaping agreements that reflect your shared dreams and individual needs. We hear your concerns, translate them into strategic solutions, and craft rock-solid documents, supporting you from the first consultation to the final signature.

Prenuptial Agreement Fundamentals

A prenup is a legally binding document drafted before you say “I do,” setting out how assets, liabilities, and support will be resolved if separation or divorce occurs.

Why Couples Pursue Prenup Agreements

  • Business Protection: Keep your company classified as separate property.
  • Financial Clarity: Establish who pays which bills and how joint savings will be built.
  • Children’s Security: Safeguard assets earmarked for children from prior relationships.
  • Debt Control: Prevent shared responsibility for your partner’s existing or future debts.

When a Prenup Makes Sense

  • Remarriage situations
  • Partnerships with substantial wealth
  • Marriages that include family trusts or inheritances
  • Professionals and business owners

Who It Applies To

The agreement legally obligates both partners, provided Illinois formation rules are met and the terms are not unconscionable.

Matters Typically Addressed

  • Property distribution
  • Spousal support parameters
  • Debt segregation
  • Estate and inheritance planning
  • Business equity preservation

Different Types

  • Traditional Prenup
  • High-Asset Prenup
  • Second-Union Prenup
  • Entrepreneur-Focused Prenup
  • Liability-Limiting Prenup

Verdicts/Settlements

  • Spousal Maintenance Termination: A client was ordered to pay approximately $10,000 per month in spousal maintenance. The client hired the attorneys from Hanauer Law to seek termination of this spousal maintenance, and ultimately, the maintenance was terminated.
  • Husband Receives Maintenance: A client engaged the team at Hanauer Law for divorce proceedings, during which the wife contested the payment of spousal maintenance to the client (husband). After a two-day trial, the client successfully received spousal maintenance.
  • Quick Divorce with Favorable Terms: A mother hired the team at Hanauer Law for her divorce proceedings. The attorneys secured favorable terms, including majority custody for the mother, within three months of filing the divorce petition.
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Data-Driven Insight: Prenups on the Rise in Illinois

The American Academy of Matrimonial Lawyers (AAML)'s 2023 survey revealed that over 60 percent of divorce attorneys—including those in Illinois—report a marked uptick in prenuptial agreements. This surge signals a pragmatic shift: partners recognize that clear legal guidelines can strengthen, not jeopardize, their union.

Contemporary Illinois prenups frequently cover:

  • Allocation of existing or future debts (e.g., student loans, credit cards)
  • Custody of pets, ensuring continuity of care
  • Online-reputation clauses controlling social-media posts after separation
  • Pre-set maintenance terms or waivers
  • Tailored inheritance safeguards for children of previous relationships

Read more: Prenuptial Agreements On The Rise Finds Survey
Views on Marriage and Cohabitation in the U.S. | Pew Research Center

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Why Courts May Question Your Prenup

Even a carefully drafted agreement isn’t bulletproof. The most frequent challenges involve:

  • Asset Concealment: Failing to reveal bank accounts, investments, or property can render the contract unfair from the start.
  • Coercion: Signing under threat, manipulation, or too close to the wedding date suggests the agreement wasn’t voluntary.
  • Unconscionability: Clauses overwhelmingly favoring one spouse can shock the court’s conscience and be struck down.
  • Inadequate Legal Guidance: If either party lacked (or was discouraged from seeking) separate counsel, the prenup’s validity is at risk.
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Six Steps to a Durable Prenuptial Agreement

  1. Start the process early. Give yourselves months, not weeks, to discuss and negotiate terms.
  2. Secure separate attorneys. Independent legal representation safeguards each spouse’s interests.
  3. Fully disclose finances. Reveal every asset, liability, and revenue source so the agreement is built on honesty.
  4. Hold candid discussions. Speak openly about expectations, long-term plans, and potential issues.
  5. Refine the draft together. Revisit language, clarify provisions, and confirm mutual understanding.
  6. Execute well before the wedding. Sign and notarize far in advance to show the agreement was voluntary.

Secure Your Prenup with Hanauer Law

Drafting a prenup alone can leave cracks that a future courtroom might widen. Our firm closes those gaps by:

  • Locking in statutory compliance. We draft to the letter of Illinois’ Uniform Premarital Agreement Act, lowering the odds of an invalidation.
  • Promoting complete transparency. Guided disclosure sessions document every asset, liability, and revenue stream, fostering balanced terms.
  • Fortifying for the long haul. Careful language, proper execution, and notarization procedures guard against ambiguities that invite disputes.
  • Safeguarding what matters most. Whether it’s a thriving company, family heirlooms, or protection from a partner’s debt, we customize provisions to reflect your goals.

Prenuptial Agreement FAQs

When should we sign the prenup?

Does Illinois honor prenuptial agreements?

What if full financial disclosure wasn’t made?

Can we change the prenup once married?

Do we really need lawyers?

What if one person won’t agree to sign?

Are same-sex couples covered?

Does a prenup handle child-custody issues?

Can we write in penalties for cheating?

What are typical attorney fees?

When should we sign the prenup?

Finalize it roughly 30 days before the ceremony to avoid last-minute pressure. Signing well in advance helps ensure the agreement is seen as voluntary and free of coercion.

Does Illinois honor prenuptial agreements?

Yes—as long as the contract complies with the state’s Uniform Premarital Agreement Act. Both parties must enter the agreement willingly and with full knowledge of its terms.

What if full financial disclosure wasn’t made?

The agreement could be overturned for lack of transparency. Courts require both parties to fully disclose their assets and debts for the prenup to be valid.

Can we change the prenup once married?

You can’t amend the original, but you can substitute it with a postnup. A postnuptial agreement allows for updated terms that reflect new financial or personal circumstances.

Do we really need lawyers?

Not legally, but independent counsel is strongly recommended for protection and clarity. Having separate attorneys also reinforces the validity of the agreement in court.

What if one person won’t agree to sign?

No signature, no enforceable prenup. Both parties must willingly consent and sign for the contract to have legal effect.

Are same-sex couples covered?

Yes—the statute applies equally to all marriages in Illinois. Prenuptial agreements are fully enforceable for same-sex spouses under current law.

Does a prenup handle child-custody issues?

No—custody decisions remain the court’s domain, focusing on the child’s welfare. Any clauses attempting to determine custody in advance are not enforceable in Illinois.

Can we write in penalties for cheating?

You may include them, though judges differ on how strictly they enforce such provisions. Some courts may view infidelity clauses as punitive or irrelevant to the legal framework.

What are typical attorney fees?

Expect to invest between $1,500 and $5,000, depending on the agreement’s scope. Complex assets, business interests, or negotiations may increase the cost.

Hanauer Law Is Here to Help

Protect what matters most and step into your wedding day backed by clarity and peace of mind. Schedule a private, no-obligation meeting with a skilled prenuptial agreement lawyer in Naperville at Hanauer Law.

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