The Case Against Creating a DIY Postnuptial Agreement

 Posted on June 28, 2024 in Prenuptial and Postnuptial Agreements

Postnuptial agreements, which are contracts established after marriage to outline the division of assets and responsibilities, can provide significant financial security and peace of mind to married couples. Although postnuptial agreements can be created without the assistance of a lawyer, couples are strongly discouraged from doing so for a few different reasons. The following will outline why you should hire a lawyer to help draft a postnuptial agreement instead of doing it yourself.

Lawyers Understand the Law

While this may sound obvious, it is true! The legal landscape surrounding postnuptial agreements is not as straightforward as it may seem. Without a lawyer’s professional guidance, you may accidentally create a document that fails to comply with Illinois legal requirements. This non-compliance can render the agreement invalid, defeating its primary purpose of offering protection and clarity for both spouses. This can leave you with much time wasted and little progress achieved.

Hiring a Lawyer Helps Ensure Transparency and Fairness

A critical element of any valid postnuptial agreement is that it must be fair and transparent. Both parties need to fully disclose their assets and liabilities for the document to actually hold up in court. A trained attorney will ensure that both parties are acting in good faith by facilitating the disclosure process and advising on equitable terms. This will not only help draft a legally sound agreement but also create trust between the spouses.

Lawyers Can Eliminate Uncertainties

Drafting legal documents requires precise language and a clear understanding of legal terms. Even minor uncertainties or errors can create significant problems down the line. Misunderstandings or poorly defined terms could quickly lead to disputes or an invalidated agreement. Lawyers understand how to draft legal documents that ensure your postnuptial agreement leaves no room for interpretation or error.

Lawyers Look Out for Their Clients Interests

A lawyer’s involvement in the postnuptial agreement drafting process is crucial for protecting your rights and interests. Without a lawyer’s advice, you may mistakenly agree to terms that are unfavorable to you. A qualified lawyer will provide advice and negotiate terms that are fair but also mutually beneficial. This can ensure your rights are properly safeguarded.

Reducing the Likelihood of Future Disputes

Signing a postnuptial agreement does not guarantee a future separation or divorce. However, since it features clear terms, it does reduce the likelihood of conflict in the unlikely event you divorce or separate in the future. Your attorney will ensure the agreement is enforceable and can stand firm against legal scrutiny.

Contact Our Wheaton, IL Postnuptial Agreement Lawyer

With the help of a lawyer, you can take steps to ensure your agreement is fair and enforceable. To get started, contact the DuPage County, IL postnuptial agreement attorneys with Andrew Cores Family Law Group. Call 630-871-1002 for a free consultation.