12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Do I Need a Lawyer for a Prenuptial Agreement in Joliet, IL

Do I Need a Lawyer for a Prenuptial Agreement in Joliet, IL


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 12Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free IL Premarital Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Related Legal Services near Joliet, IL
Block, Klukas & Manzella, P.C.
1102 NE Frontage Rd
Joliet, IL 60431
(630) 726-9999
Accident & Property Damage Attorneys,  Attorneys,  Corporation & Partnership Law Attorneys,  Legal S
Block, Klukas & Manzella, P.C.
19 W Jefferson St
Joliet, IL 60432
(815) 726-9999
Accident & Property Damage Attorneys,  Litigation & Tort Attorneys,  Personal Injury Law Attorneys,
Cleary Michael J
100 Manhattan Rd Ste 1
Joliet, IL 60433
(815) 774-9956
Attorneys Referral & Information Service, Attorneys, General Practice Attorneys
Rathbun Cservenyak & Kozol LLC
3260 Executive Dr
Joliet, IL 60431
(815) 780-9918
Accident & Property Damage Attorneys, Personal Injury Law Attorneys, Attorneys
Joseph K Janusonis Law Office
71 N Ottawa St
Joliet, IL 60432
(815) 740-9903
General Practice Attorneys, Attorneys
Scheinbaum Marc
3077 W Jefferson St
Joliet, IL 60435
(815) 729-9860
Attorneys Referral & Information Service, Attorneys
Zelazny Eric G
10 S Chicago St
Joliet, IL 60436
(815) 774-9717
Attorneys, Legal Service Plans
Ben W Koyl Law Offices
1000 Essington Rd
Joliet, IL 60435
(773) 709-9539
Attorneys, Bankruptcy Law Attorneys
Ben W Koyl P.C.
1000 Essington Rd
Joliet, IL 60435
(773) 709-9539
Attorneys, Bankruptcy Law Attorneys, Tax Attorneys
Carley Renzi & Orr
58 N Chicago St # 303
Joliet, IL 60432
(815) 722-9350
Attorneys Referral & Information Service, General Practice Attorneys, Attorneys
Rosario Cibella Ltd
116 N Chicago St # 600
Joliet, IL 60432
(815) 722-9300
Attorneys Referral & Information Service, General Practice Attorneys, Attorneys
Troha George P
71 N Chicago St
Joliet, IL 60432
(815) 727-9271
Attorneys Referral & Information Service,  Attorneys,  General Practice Attorneys,  Legal Service Pl
Ron Cummings
121 Springfield Ave
Joliet, IL 60435
(815) 729-9212
Bankruptcy Law Attorneys, Business Bankruptcy Law Attorneys, Attorneys
Mevorah Law Offices
58 N Chicago St Ste 500
Joliet, IL 60432
(815) 726-9200
Employee Benefits & Worker Compensation Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law
Bonds Zumstein & Konzelman
60 N Chicago St
Joliet, IL 60432
(815) 322-9087
Attorneys
Koyl Ben W
5 W Jefferson St
Joliet, IL 60432
(815) 714-8993
Tax Attorneys,  Attorneys,  General Practice Attorneys,  Tax Return Preparation,  Legal Service Plan
Lee Gunter Law Office
58 N. Chicago Street, Suite 303
Joliet, IL 60432
(815) 726-8916
Attorneys Referral & Information Service, General Practice Attorneys, Attorneys
Sabuco Beck Hansen & Schrock PC
77 N 129th Infantry Dr
Joliet, IL 60435
(815) 730-8860
Attorneys
Rambo John E
3041 Theodore St
Joliet, IL 60435
(815) 577-8800
General Practice Attorneys, Attorneys, Legal Service Plans
Montgomery Christopher
820 Mason Ave
Joliet, IL 60435
(815) 722-8600
Social Security & Disability Law Attorneys, Attorneys, Legal Service Plans
Reed John A Ltd
63 W Jefferson St
Joliet, IL 60432
(888) 993-8520
Attorneys, Bankruptcy Law Attorneys
Henderson Law & Mediation Center
23 W Jefferson St
Joliet, IL 60432
(815) 726-8500
Attorneys, Family Law Attorneys
Tracy Johnson & Wilson
2801 Black Rd
Joliet, IL 60435
(815) 723-8500
Attorneys
Devriendt & Assoc
10 S Chicago St # 100
Joliet, IL 60436
(815) 723-8300
Attorneys Referral & Information Service, Attorneys, General Practice Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US