The benefits of preparing for divorce before marriage

On Behalf of | Feb 26, 2020 | Divorce |

As Illinois couples prepare to walk down the aisle and pledge themselves to each other forever, the last thing on their minds may be that it could all end. However, the possibility of the marital relationship not working out is there even with the best of starts. For this reason, preparing now for the possibility of divorce only makes sense.

A prenuptial agreement serves as a kind of insurance policy for divorce. For instance, an Illinois resident who comes into the marriage with significant assets will want to make sure that he or she leaves with them if a divorce happens. If one party has an ongoing business at the time the marriage, making sure it is protected ought to be a priority. The agreement can identify separate property of each party and provide instructions regarding how it will be treated in a divorce.

Not only property is included in prenuptial agreements. If either party comes to the marriage with debt, they can agree not to hold each other responsible for their individual debts. Many people want to make sure that any children from a prior relationship receive an inheritance despite having a new spouse, and this can be made clear in a prenup as well. The other main advantage of a prenuptial agreement is that it simplifies the divorce process.

The last thing most people want is to end up fighting in court, and with some planning, it does not have to be that way. Of course, the agreement only remains valid and usable in a divorce if it is prepared properly and executed in accordance with Illinois law. Couples who decide that preparing for divorce before marriage would be a good idea may want to consult with a family law attorney to help make sure the agreement would stand up to the scrutiny of the court if it is needed at some point in the future.