Prenuptial Agreement

Experienced Illinois Prenuptial Agreement Attorney

The State of Illinois has very specific legal criteria governing a prenuptial agreement, the contract that two parties enter into in contemplation of marriage. An improperly executed prenuptial agreement, also known as a premarital agreement, could seriously affect your legal rights and your future. It is important to seek legal counsel prior to signing any such document. Attorney Robert Schmit specializes in prenuptial agreements and all matters of family law. We have developed hundreds of legally sound and viable prenuptial contracts for clients in the southwest counties of Chicago and throughout Illinois.

Illinois Prenuptial Statutes

Prenuptial agreements, effective upon marriage, address real or personal property, including income and earnings. Under Illinois’s common law property provisions, each spouse gets to keep his/her separate property owned before marriage, and any property earned within the marriage is equitably distributed in divorce. The content areas that may be included in a prenuptial agreement include:

  • The rights and obligations of each party to any property of either or both party whenever and wherever acquired or located
  • The right to buy, sell, use, transfer, or otherwise manage and control property
  • The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event
  • Modification or elimination of spousal support
  • The making of a will, trust, or other arrangement to carry out the provisions of the agreement
  • The ownership rights in and disposition of the death benefit from a life insurance policy
  • The choice of law governing the construction of the agreement
  • Any other matter, including each party’s personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty

A child’s right to support may not be adversely affected by any prenuptial agreement. The contract may be amended or revoked after marriage by a written agreement signed by each party.

Post decree modifications can be complex. Contact Attorney Robert Schmit to discuss your prenuptial agreement or any matters of family law, including divorce, post decree enforcement and modification, and child removal.

Our firm represents clients throughout Chicago and the southwest suburbs including Palos Heights, Palos Hills, Palos Park, Hickory Hills, Chicago Ridge, Oak Lawn, Alsip, Crestwood, Midlothian, Oak Forest, Orland Park, Tinley Park, Orland Hills, Evergreen Park, Worth, Bridgeview, Justice, Summit, Willow Springs, Blue Island, and Hometown. Our office is located three blocks west of Harlem Avenue, on the north side of College Drive, by Lake Katherine. Your initial consultation is free. Evening consultations are available upon request.