There are requirements every postnuptial agreement in Will County must follow. These include requirements regarding what can be included and the steps the parties must go through for it to be valid. A well-versed prenuptial agreements lawyer can work with you to make sure your agreement meets all the necessary requirements.

Limits on What Can Be Included in a Prenuptial Agreement

Some of the best-known limitations placed on prenuptial agreements revolve around children. For example, a person cannot waive rights to child support, determine a parenting schedule, or include any other clauses that will affect any children born during the marriage in an agreement.

Another limitation is unconscionability, meaning that, if a person enters into an agreement and something happened during the marriage that was unforeseeable, the court may not enforce the agreement. For example, if one party becomes disabled or severely sick during the marriage and the couple cannot support themselves anymore, the court may not be able to enforce the terms of the prenuptial agreement.

However, parties can include plans regarding future property in an agreement. Regarding property acquisitions, a person could put in a prenuptial agreement that any asset acquired solely in one person’s name belongs only that person. After the divorce, because the property is titled in that person’s name, they are awarded that property, but they also would get the responsibility that goes with the property. An attorney can further explain the limits on what can be included in prenuptial agreements.

When a Contract is Fair

If a couple is entering into a prenuptial agreement, one of the most important factors a court will consider is whether it is a fair and legally binding contract and whether the parties had an opportunity to speak with counsel. If a prenuptial agreement was signed involuntarily, then it is likely invalid. A person cannot bribe or coerce someone into signing it if they do, the contract will generally be unenforceable. People can make sure that they are in compliance with the specific limitations on a prenuptial agreement by working with an attorney.

Do The Parties Need to Be Engaged?

No existing engagement is required to enter a premarital agreement. A person can create an agreement prior to an engagement. However, they do need to have the intention of getting married. Since a prenuptial agreement is valid upon marriage, they do have to intend to marry. Otherwise, they could create a different contract.

This situation may occur if a couple lives together but are unsure whether they want to get married. This could be a really important contract to consider. An attorney can further explain the marriage requirements for a prenuptial agreement as well as other options to consider.

Discuss the Requirements for Prenuptial Agreements in Will County

For a prenuptial agreement to be considered valid, it must meet certain requirements. These requirements regulate both the clauses in the agreement as well as the positions of the parties. To learn more about the requirements for prenuptial agreements in Will County, reach out to Reidy Law Office LLC today.