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Anderson and Associates, P.C.

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Tinley Park Prenuptial and Postnuptial Litigation Lawyers

Flossmoor cohabitation agreement lawyer

Attorneys Helping Resolve Disputes Related to Premarital or Postmarital Agreements in Cook County

Marriage is a legal partnership between two individuals, and it requires them to join together in nearly every part of their lives. While this unification is usually beneficial, it can cause concern for people who are entering a marriage with significant assets. They may worry about how issues related to property ownership and financial support will be handled in the case of divorce.

When spouses are planning to get married, they may wish to sign a prenuptial agreement that will describe how certain matters will be handled in the event of divorce. In other cases, couples who are already married may use a postnuptial agreement to provide themselves with financial protection if they ever decide to end their marriage. However, disagreements often arise regarding the interpretation of these types of agreements, and in these cases, the assistance of a skilled attorney is essential to ensure that an agreement is valid and enforceable.

At Anderson and Associates, P.C., our skilled attorneys have been assisting clients in divorce cases for over 30 years, and we have extensive experience drafting, negotiating, and litigating prenuptial and postnuptial agreements. We will advocate for you throughout the legal process, working to ensure that your rights and financial interests are protected.

Litigation of Prenuptial and Postnuptial Agreements

Prenuptial or postnuptial agreements (also known as premarital or postmarital agreements) are treated as contracts between spouses, and a couple is required by law to follow the terms of an agreement. However, a spouse may contest the validity of their agreement for a number of reasons, including:

  • Coercion or duress - Both spouses must enter an agreement voluntarily. If a spouse can show that they were pressured or threatened into signing an agreement that is against their interests, the agreement may be found to be invalid.
  • Financial disclosure - Before signing an agreement, spouses are required to fully disclose their respective financial information to each other, including the property they own and their financial obligations (such as debts or court-ordered support obligations). Failure to make a fair and reasonable financial disclosure may result in an agreement being found to be unenforceable unless a spouse voluntarily waived their right to disclosure.
  • Unconscionable terms - If an agreement is grossly unfair to one party, a court may decide that it is invalid.
  • Undue hardship - In an agreement in which the amount of spousal maintenance one party receives is reduced or eliminated in a way that would cause them financial difficulties, and the circumstances leading to this hardship were not reasonably foreseeable when the agreement was executed, a spouse may be required to provide their former partner with reasonable spousal support.

Contact Our Orland Park Family Law Firm

At Anderson and Associates, P.C., we have a great deal of experience litigating premarital and postmarital agreements, and we understand the legal issues that must be addressed in these cases. If you believe your agreement is invalid, or if you and your spouse disagree about the terms of an agreement, we can help you resolve the matter, and if necessary, we will advocate for your interests in court. Contact our Cook County family law attorneys by calling 708-226-9904 to arrange a free consultation. We provide legal help to clients in Tinley Park, Palos Heights, Oak Forest, Homer Glen, Mokena and throughout Cook and Will Counties.

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