Prenuptial agreements can address property classification, income, debt, maintenance, estate rights, business interests, and what happens if the marriage ends. Postnuptial agreements may address similar subjects after marriage, but the circumstances and enforceability analysis require particular care.
Rose Tarbhai Law Group drafts agreements and provides independent review for clients who receive a proposed agreement from a partner's lawyer. The process should allow meaningful disclosure, time for advice and negotiation, and language tailored to the actual assets and goals—not a rushed form signed before the wedding.
Scope of representation
An agreement may address
- Premarital property, future earnings, acquisitions, appreciation, and commingling
- Business interests, family wealth, trusts, inheritances, gifts, and real estate
- Debt responsibility and household financial arrangements
- Maintenance rights, limits, waivers, review, and potential enforceability concerns
- Estate rights, life insurance, beneficiary obligations, and death during marriage
- Dispute-resolution, choice-of-law, amendment, and sunset provisions
How we approach the work
Fair process supports durable language
Good drafting begins with objectives and an asset map. A provision that works for a salary may fail for equity compensation or a growing business. A waiver may have consequences neither person intended if death, disability, childcare, or a very long marriage is ignored.
Each person should have independent counsel. Financial disclosure, adequate time, voluntary execution, and careful documentation of the process can matter later. The final agreement should coordinate with estate planning and ownership documents rather than contradict them.
Illinois family-law insights
Read before your next decision.
Frequently asked questions
Clear answers to the first questions.
When should we start a prenuptial agreement?
As early as practical. Starting months before a wedding gives time for disclosure, separate counsel, negotiation, and thoughtful revisions without unnecessary pressure.
Can one lawyer represent both future spouses?
No lawyer should represent both people in negotiating a contract with potentially adverse interests. Each person should have independent advice.
Can an Illinois prenup waive maintenance?
An agreement may address maintenance, but enforceability can depend on statutory requirements and circumstances at enforcement. Precise drafting and independent review are important.
Can a prenup decide child custody or child support?
Parents cannot conclusively predetermine a child's best interests or eliminate a child's right to support. Child-related provisions remain subject to governing law and court review.