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Pre-Marital Agreements are often referred to as Prenuptial or Antenuptial Agreements.
Ante-nuptial agreements are written agreements made and entered into before the marriage that set out the rights of the parties in the event of divorce, separation or death.
Many couples find that the best time to prepare a fair agreement is before any issues arise because it is during this time that both parties can see things clearest and be of the mindset to establish terms fair for both.
Any couple may choose to enter into pre-marital agreements, but in some situations it is highly advisable. A few such situations include:
If one or both of the parties has significant assets, a premarital agreement should specify what will happen with those assets upon death or divorce.
If either party has children, a premarital agreement can define and protect the rights of a child to a parent’s premarital assets in the event of divorce or death.
Premarital agreements give couples an opportunity to think through the financial aspects of a planned marriage. It can provide peace of mind that each party’s financial interests will be protected now and into the future.
It gives each person confidence that they can decide their own destiny.
We understand the delicate nature of these negotiations and are adept at protecting our clients’ interests without disrupting the parties’ relationship.
If all of the legal requirements for an antenuptial agreement are not met, then the pre-marital agreements may be invalid and unenforceable. At Motta & Motta LLC, we can advise you of all of the specific requirements to make your agreement legal.
Bob handled my divorce. He was very prompt, efficent and professional throughout the entire process. When I first scheduled a consultation I was able to meet with him same day. The petition was filed two days later, and the entire case lasted a little over a year. It was a pretty brutal divorce, but Bob helped me focus on the things that were important and made the process a lot less painful. If I had to do it again, there is no doubt I’d go with Bob Motta.
Whether your concerns lie with your family business, an inheritance, children from a prior marriage or are simply unsure if an agreement is right for you — the attorneys at Motta & Motta have extensive experience negotiating and drafting premarital agreements.
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If you need to speak with an attorney now, please give us a call at our Chicago, IL or Aurora, IL office to discuss the specifics of your case and what defense options may be available to you
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