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For a good understanding of postnuptial agreements, consult a family law attorney. The professional will highlight the benefits of a postnup and help you create one that protects your best interests.

Postnuptial agreements have become common in recent years, and they are honored and enforceable in most U.S. states. 1 Most postnups are mostly about money and protecting assets in the case of a divorce, and postnups may be written when a couple is in crisis or concerned about the state of their union.

Generally speaking, this type of agreement is designed to supersede a will or state laws, giving spouses certain property rights. By signing such an agreement, the parties agree to waive any rights they would otherwise have to inherit property or other assets.

Many couples assume they must hire a divorce lawyer to draw up a postnup, but this isn't necessarily true. If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves.

Before proceeding with a postnup, it's also worth keeping in mind that these agreements are easier to enforce in some states than in others. Most courts tend to uphold the agreements as long as they're written, signed without coercion, and involve a full disclosure of financial information on both sides.

A postnup agreement usually has to do with financial assets, but it can contain anything?from how often in-laws can visit or how the couple will share household chores. You may need or want a postnup contract if you have children from previous marriages or own a business.

In some states, postnuptial agreements may not be upheld if both parties were not given the opportunity to review and discuss the terms of the agreement with their own, separate attorneys. Whether a postnuptial agreement will be enforced or not depends, to a large extent, on what state you live in.

In writing: A valid Postnuptial Agreement must be signed by both parties, and state laws often require the agreement be witnessed. Both parties signed voluntarily: A Postnuptial Agreement will be considered void if there is evidence of coercion.

nuptial agreement can protect assets and define debts in the event of a divorce. Under Illinois law, a postnuptial agreement is a legal contract between a husband and wife. Usually drawn up by top Chicago divorce lawyers, it is a binding contract that is enforced in Illinois courts during a divorce.