The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101 et seq. defines the rights of married individuals. There are circumstances, though, that may require one or both parties to agree to “other rules” to define the rights within their relationship. A prenuptial (before the marriage) agreement, properly negotiated and fair in its terms, can help a more wealthy prospective spouse insulate their wealth from the interest of the other prospective spouse in the event of a divorce. It can also provide for asset distribution and support under circumstances that are different from the law. A post-nuptial (after the marriage) agreement is commonly used to re-define the terms of a marriage after the marriage has taken place. Neither agreement is valid if a court finds it is unconscionable (unreasonable).
Sheryl Rae Ghezzi & Associates sensitively negotiates both such agreements to our client’s satisfaction.