A list of some of our Clauses
This list is made to start sparking conversation and get you started on thinking about what clauses you and your partner would like in your prenuptial agreement. This is purely information and not legal advice.
This is not our complete list, but rather a source for some information.
Identification of Property and Debts
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When you're answering our questionnaire, please list all of your assets and belongings, as well as all of your debts and liabilities. In our follow up questions, you need to determine whether you wish for each of your pre-marital assets and liabilities to remain separate, converted into marital property, or to be shared proportionally to your individual contribution to those assets and liabilities.
Management of Household Expenses
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Will you be sharing all household expenses equally, everyone pays for their expenses, or expenses will be paid proportionally to each party's individual income?
Spousal Support
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There are couple different ways to approach spousal support issue and your pre-nuptial agreement can be drafted in any way you wish. Things to consider are: your current and future potential of earning income, will you or your spouse be staying at home to raise your family, will you help your spouse get through school and support them while they earn a higher level of education? All these questions need to be raised and consider when agreeing on how to handle spousal support. The reason why resolution on this issue is beneficial is because you can avoid a very lengthy litigation if you choose to seek it later. However it is understandable that future is unpredictable, therefore, besed on your wishes we can draft this clause as open ended or particular as you wish.
Award of Marital Residence
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Marital residence is normally split 50/50. You can either keep it and buy your spouse out or sell it and split the proceeds. However, there are situations when the parties own homes pre-marriage that will be converted into marital property and those are the properties you should discuss. Will you be splitting the properties 50/50, proportional to each party's investment or will the spouse who originally owned the home keep it?
Debt Protection
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Disclose all your debts and liabilities to your future spouse. Decide now only how your pre-marital debt will be handled, but how you will each handle your future debt and liabilities. Will you be responsible for your own individual debt, will you share it equally, or will you be responsible for part of it proportional to your individual income?
Property Distribution After Death
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Do you wish for your interest in your separate and marital property to pass onto your spouse or someone else? Making these decisions now will save your surviving spouse and others a lot of headache and money in the future.
Pet Clause
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Do you own pets currently or plan on obtaining pets after marriage? State of Illinois considers pets as your property, therefore, subject to division.
Engagement and Wedding Rings
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In the event the marriage fails, who should keep the engagement ring?