Illinois Prenuptial Agreement Lawyers
Welcome to the Land of Lincoln, where ketchup on hot dogs is a sin, and sports rule the land… yep, you guessed it, Illinois! If you’re freshly engaged in Illinois, congrats! Your next step is probably looking into getting a prenup (good on you!). But, where to begin? Do you need a lawyer? Where do you find one? What goes into an IL prenup? How much will it cost me? We answer all of these burning questions and more, so keep reading to learn all things prenups in Illinois.
Do I need a prenup lawyer for a valid and enforceable agreement in IL?
The answer is no. While you don’t need to have an attorney, an Illinois prenup is more likely to be enforced by a court if both spouses-to-be have their own separate attorneys. In other words, having an attorney is not a default requirement in creating a valid and enforceable prenuptial agreement in Illinois. Rather, if your partner challenges the enforceability of your prenup during a divorce, the presence or absence of an attorney will come into play in the court’s eyes and it will give you better chances of enforcing your agreement.
Can my partner and I share one attorney?
Nope! That would be considered a conflict of interest. If you are opting in for legal representation, you and your partner cannot “share” that attorney. Your partner needs to either waive representation (i.e., sign off on a waiver that says they understand that they are giving up their right to a lawyer) or they need to find their own lawyer. Why? Well, because a single attorney can’t effectively represent both parties in an agreement. It’s akin to playing pickleball solo: hitting the ball to one side, then dashing to the other side to attempt hitting it back to oneself–not possible to do it well!
What makes an agreement enforceable in IL?
In Illinois, prenuptial agreements are regulated by the state’s version of the Uniform Premarital Agreement Act (UPAA), also known as the Illinois Uniform Premarital Agreement Act. To ensure the enforceability of a prenup agreement in Illinois, it’s essential to consider the following factors:
- A prenup needs to be written and signed by both parties; no handshake deals here!
- A prenup won't hold up if the person contesting it can prove they didn't sign it willingly or if it was totally unfair when it was signed.
- Both parties must have shared their finances with one another (this is known as financial disclosure).
- If the prenup alters spousal support and it turns out that one person requires public assistance in a divorce, a court might step in and order the other person to pay spousal support (even though it was waived or altered in the agreement).
- Unconscionability: When it comes to deciding if a prenup is totally unfair (i.e., unconscionable), it is ultimately up to the court to make that decision.
What can I include in my IL prenup?
So, what can you put in your prenup, you ask? Well, it can differ from state to state. But here’s the lowdown for Illinois: in your prenup, you can decide:
- Who gets what when it comes to property, no matter where it's from.
- The freedom to buy, sell, or manage property as you see fit.
- What happens to stuff if you split up, divorce, or if something else happens.
- Adjusting or getting rid of spousal support.
- Figuring out life insurance.
- Deciding on the state rules (choice of law) for interpreting the agreement.
- Any other matters that don't break the law or go against public policy. (See 750 ILCS 10/4 for the fine print)
But, one important thing to remember: it is a big no-no to include matters that discuss child custody, child support, or anything else against the law in your prenup. Bringing these up might mean your prenup gets tossed out.
What are the benefits of hiring a prenup lawyer in Illinois?
So, you might be wondering why someone would dish out cash for a lawyer when technically, you don’t need one for a valid prenup in Illinois. Well, turns out, there are plenty of solid reasons to bring a prenup lawyer into the mix. The big deal? They can provide a layer of protection to your prenup should your partner ever challenge it down the road. Now, let’s break down some key perks of having a prenup lawyer:
- Get Your Legal Questions Answered
Feeling a bit lost about the whole prenup process or what might happen in a potential divorce? Your lawyer becomes your go-to guide for anything and everything related to prenups.
- Tap into Legal Insights
Illinois Prenuptial Agreement Attorney, Mathew Kerbis says, “A complex prenup filled with legal terms doesn’t have to be confusing! A prenup lawyer can break it down for you and make sure it aligns with your goals and holds up under Illinois law.” In other words, they’ll give you advice on what to include based on your financial and life goals and make sure you’re ticking off all the legal requirements.
- Let Your Lawyer Craft the Agreement
Your prenup lawyer takes charge of drafting up your agreement. If your future spouse’s lawyer did the initial draft, your attorney will review and edit it, a process known as “redlining” in legal lingo. They’ll make sure the terms match up with your interests.
- Smooth Out Negotiations
If there are bits in the agreement causing a bit of a tiff between you and your future spouse, no sweat. Your lawyer and theirs will handle the nitty-gritty without dragging you directly into the middle.
- Ensure State Compliance
Lawyers are champs at navigating legal landscapes. Your Illinois prenup lawyer, for example, knows the ins and outs of the state’s prenup laws. Rest assured, your prenup will be on the up-and-up when it comes to legal requirements.
Where can I find a good Illinois prenup attorney?
Start by reaching out to your inner circle. Ask your buddies, family, neighbors, or work friends if they’ve ever dealt with a prenup lawyer. If they have, find out if they liked the lawyer. We think this is the best way to find a prenup lawyer in Illinois. You already know this lawyer has the thumbs up from someone you trust. So, just shoot your person a message and find out about the lawyer’s communication style, how they practice, their timeline, cost, etc. Easy peasy!
Your next best bet is to check out the Illinois Bar Association’s page for lawyers in your area. If you are in Chicago, you can check out the Chicago Bar Association site. And there’s always Google. Try searching “Prenup lawyer near me” or “Illinois prenup lawyer” to find some options. Then, make sure to vet them by checking out their online reviews.
But what qualifies as a “good” attorney, you may still be wondering.
We thought, why not get the lowdown on finding a top-notch prenup lawyer straight from the source? Attorneys who charge a flat fee are more confident and efficient with their work product than billable hour attorneys. More expense and high billable rates don’t guarantee better results. In short, finding attorneys that will do flat-rates for your prenup may be a better choice! Fortunately, we’ve got you covered in Illinois with HelloPrenup. On our platform, you can access independent attorneys like Mathew Kerbis’ for a flat fee! ($49 for a 20-minute Q&A and $699 for a full review and signature).
The traditional cost of getting a prenup versus HelloPrenup
According to a HelloPrenup Survey, the average cost of getting a prenuptial agreement in the United States is around $8,000 per couple, which covers the traditional route of hiring a lawyer rather than using an online platform like HelloPrenup. However, it’s crucial to understand that this is just an estimate. Depending on your specific situation and the attorney you hire, the cost can skyrocket to $10,000 or more. But hold on a second – is shelling out $8k to safeguard your finances sounding a bit off to you? That is where HelloPrenup comes in.
Compare the average U.S. expense of $8,000 for a prenup and HelloPrenup’s cost of $599 per couple. Plus, if you want to add on Illinois attorney services from vetted attorneys, you can do so with our exclusive, flat-rate costs. Using HelloPrenup’s user-friendly platform not only potentially saves you a whopping $1,900 or more but also offers a quicker process and puts you in the driver’s seat of your prenup.
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Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com