Does a prenuptial agreement override normal property division rules?

By Chuck Roberts
September 29, 2016

It certainly can, but the factors that the court takes into account in dividing the marital estate really don’t apply if the parties have agreed before their marriage how that estate is to be divided in the event something goes wrong with the relationship. There are all different kinds of provisions that are agreed to in that premarital agreement context. It’s possible for the parties to agree that retirement assets that are accumulated during the marriage are going to be left in the name of the party who holds them.

It’s sometimes possible that non-marital property that’s improved with marital funds doesn’t convert to marital property. There’s all types of provisions, and parties are freely able to circumvent the provisions of the Illinois statutes in a premarital agreement as long as certain tasks are met. One of the principle tasks that the court looks at is that both parties need to be represented by an attorney when the agreement is entered into and there needs to be a full disclosure of the income, assets, taxes, and expenses of each side in that premarital context.


Chuck Roberts is a family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois. To learn more about Roberts and his firm, visit his profile or go to www.momlaw.com.

Back To Top

September 29, 2016
Categories:  FAQs

Add A Comment

Comment

Allowed HTML: <b>, <i>, <u>, <a>

Comments

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility


Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.