Prenups for Wedding Season: Top Illinois Attorney Shares Everything You Should Know Before You Walk Down the Aisle

As the season of love approaches with summer smells & wedding bells; it's important to consider everything for your perfect wedding day, including that prenuptial agreement you and your partner have been dancing around. In 2021 we are saying YES to fiscal responsibility, your ‘prenup' is a smart first step.

While no couple soon to be married wants to think about potentially getting divorced, it is very important to prepare for the worst-case scenario to ensure that you are protected. A prenuptial agreement is a binding and enforceable contract entered into by two potential spouses in anticipation of their marriage. If you and your spouse have a long and happy marriage and never get divorced, then the prenuptial agreement will never come into play.

What Is A Prenuptial Agreement?

A prenuptial agreement covers the division of the parties' present assets and property in the event the parties file for divorce. A prenuptial agreement can also cover whether one spouse will receive maintenance (formerly known as alimony), the amount they will receive, or if neither party shall receive maintenance. Deciding what terms to include in a prenuptial agreement is extremely important and you should speak with an attorney to ensure you are protecting yourself and your assets.

"A prenuptial agreement needs to be thought of as a safety net. If a couple marries and remains together for the rest of their lives, their prenuptial agreement will be irrelevant and never come into play, so there is no harm in entering into a prenuptial agreement," says Hughes.

Requirements of A Prenuptial Agreement

While you and your soon to be spouse are free to agree to any legal terms and conditions they wish, certain procedures must be followed in order for a prenuptial agreement to be considered valid, including but not limited to:

· Both parties must make a full disclosure of all their separate assets and liabilities prior to the agreement being signed;

· Each spouse must have the opportunity to consult with and retain a separate attorney, if they so choose;

· Be in writing and signed by both parties; and

· Must provide the other spouse sufficient time to review and fully consider all of the terms in the agreement prior to getting married.

In the event of a divorce, the main benefit of a prenup is that the couple decided on the fair terms of their divorce while they were still happy and in love with each other," says Hughes.

Can I Amend the Prenuptial Agreement After I'm Married?

Once you are married, if you and your spouse wish to amend your prenuptial agreement, you are able to as long as you both agree to the changes and you both sign the amended pages. The attorneys at The Law Office of Tiffany Hughes can walk you through the process of amending your prenuptial agreement, can review the document for you to ensure it reflects your wishes and is valid, and can coordinate the signing and notarizing of the amended agreement.

"If there is no prenuptial agreement, then by the time a couple may end up in a divorce proceeding, they likely are not considering what is best for their spouse, and their anger or negative feelings typically causes them to only seek out divorce terms in their own best interest." concludes Hughes.