Can a Prenup Make it Easier to Get an Uncontested Divorce?

 Posted on April 08, 2024 in Uncontested Divorce

When someone files for divorce, it immediately triggers a legal process that requires both parties to agree on many things. One of those things is the divorce itself. If one spouse does not agree to the divorce, or to any other factors in the divorce like child custody or alimony, it becomes what is called a “contested divorce.” This often becomes a difficult and messy process that requires the help of a skilled family lawyer. Having a prenuptial agreement, however, can resolve many of the issues that couples often confront during divorce.

What Happens in a Contested Divorce?

Litigating a divorce case, or fighting it out in trial, is a last resort that courts do everything they can to avoid. If a couple cannot agree on certain issues, the judge presiding over the case will usually order the couple to attend mediation. In mediation, a neutral party appointed by the court called a mediator will try to get both sides to resolve their differences. The mediator will speak to both sides together and to each side separately to try to achieve a resolution.

If that fails, the judge may order a settlement conference to make a last-ditch effort to get the parties to settle. If that does not work, the case may proceed to litigation. This entire process can be extremely costly in many ways. An uncontested divorce, on the other hand, can save both sides money, time, and emotional drainage.

One of the best ways to improve your chances of having an uncontested divorce is to sign a prenuptial agreement.

Prenuptial Agreement

Think of a prenuptial agreement as a roadmap for what will happen regarding finances in the event of a divorce. It is a premarital agreement that can address many important money-related questions, including:

• Whether one spouse will pay alimony, known in Illinois as spousal maintenance

• Whether spouses will keep inherited money strictly separate

• Whether one spouse or the other will be responsible for certain expenses during the message

• Whether spouses will share responsibility for debt like student loans 

A prenuptial agreement becomes effective upon marriage and resolves many potential disputes before they even happen. In a divorce, a court will usually accept a prenuptial agreement as binding and enforce it.

Some couples prefer not to sign prenuptial agreements because it is unpleasant to plan for the end of the marriage. But those who have signed prenuptial agreements often find that the divorce is simpler and smoother because there is far less to argue about. It can also help maintain civil relations between the spouses.

Even couples who have not signed a prenuptial agreement before getting married can still come to an agreement about how finances will be handled during a divorce using a postnuptial agreement. This agreement achieves the same goals, especially if the couple has acquired marital property or inherited money.

Contact a Yorkville, IL Divorce Lawyer

Unresolved issues are what make divorces contested and often hostile. Making sure these issues are agreed to by both you and your spouse can pave the way for an uncontested and more amicable divorce. You can do this by consulting with an experienced Aurora, Illinois family law attorney who can help you draft a strong prenuptial or postnuptial agreement. Contact the The Law Office of Matthew M. Williams, P.C. at 630-409-8184 for quality legal service today.