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Prenuptial agreements becoming more common in family law

Prenuptial agreements becoming more common in family law

Date: November 07, 2013

The decision to get married may be a difficult one to make for some couples in Illinois. This is not because couples doubt their love for one another, though that is the case in some instances, but because of lingering worries about family legal issues. In other words, each party entering into a marriage may be concerned about what will happen in the event of a divorce, not because they are expecting one, but because one can never predict the future.

Yet, many have found a way to predict how a divorce will affect them financially should one occur. Through prenuptial agreements, parties to a marriage can come to an agreement about several legal issues in the event of divorce. In fact, a recent survey of members of the American Academy of Matrimonial Lawyers found that 60 percent of those surveyed have seen an increase in prenuptial agreements. The most common issues handled through these agreements are spousal support, protection of separate property and property division. A significant portion of those surveyed also stated they have seen an uptick in prenuptial agreements initiated by women.

By laying many of the troublesome financial issues to rest, a prenuptial agreement can be a powerful tool. However, these agreements must be carefully crafted to avoid unwanted results. With this in mind, those considering such an agreement may want to consult a family law attorney. The attorney can sit with the parties and discuss their situation and their concerns. Then, with all the information laid in front of him or her, the attorney can draw up an agreement that both parties are satisfied with.

The coming together in the union of marriage is supposed to be a happy occasion. Those entering into one should not allow themselves to be concerned with issues that may arise in the future. Instead, they should, if they find it necessary, take the necessary steps to allow the marriage to start off on the right, worry-free foot.

Source: The Pittsburgh Post-Gazette, “More couples saying ‘I do’ to prenups,” Tim Grant, Oct. 31, 2013

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