Yes, if done properly, Illinois courts will hold the parties to their prenuptial or premarital agreement. Prenups are the best way to protect premarital assets from becoming marital property, and to minimize litigation in the event of a divorce. Illinois law does set out a way to invalidate a prenup (see 750 ILCS 10/7). To […]
Illinois law makes it very clear that a prenup can cover maintenance (alimony), but cannot cover child custody. Illinois courts always have the power to determine which parent should be the custodial parent of a child, regardless of any prior agreements between the parties. However, the law is a little murkier surrounding Child Support. A […]
Yes, both parties should have their own attorney. The purpose of a prenup is to guarantee control over your own premarital assets and to minimize any future litigation in the event of a divorce. While technically it is not required by Illinois law, both sides need an attorney as an insurance policy to make sure […]
Yes, you can change and/or terminate the prenuptial agreement after the marriage. Illinois law at 750 ILCS 10/6 says, “after marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.” You should use the same formality used […]
As part of a prenup, your future spouse can agree to make a will or trust, or waive certain death benefits regarding your property, to carry out the purpose of the agreement. The prenup will be binding if the other party tries to change their will in the future. One of the purposes of a […]
Jeffrey Esser is the founder and principal attorney of the Law Office of Jeffrey R. Esser. He has been practicing law since 2005 and has helped hundreds of clients with their divorce and family law cases in Cook County. Originally from Madison, Wisconsin, Jeffrey moved to Chicago in 1995. He graduated with honors from Northwestern University and the University of Southern California’s Gould School of Law, where he served as his class president and graduation speaker. Jeffrey and his wife live in the Roscoe Village neighborhood of Chicago.
The Law Office of Jeffrey R. Esser
161 N Clark #1600
Chicago, IL 60601
(312) 564-5743
(312) 267-1745
jeff@esserlegal.com