1776 S. Naperville Road
Building B, Suite 202
Wheaton, IL 60189
New client after hours number: 630-690-6077
Wheaton Family Law Attorney
  • Facebook
  • Google
  • Linked IN
  • Twitter
  • YouTube

Common Prenuptial Agreement Mistakes to Avoid

Posted by on in Family Law
  • Font size: Larger Smaller
  • Hits: 136
  • Print

Illinois prenuptial agreement lawyersPrenuptial agreements are making a comeback, which means more couples have a clear understanding of their financial obligations in marriage and are better prepared for divorce. Unfortunately, there are a few mistakes that couples often make when drafting their agreements. Learn how to avoid them with help from the following information.

Avoiding the Topic Altogether

Perhaps the biggest and most common prenuptial agreement mistake that couples make is simply not discussing it. True, it is not a very romantic topic, and it is easy to overlook when you are in love, but many couples end up regretting their decision. Some may even find themselves in complex and contentious situations, should they ever divorce. If you are apprehensive because the topic lacks romance, or you are sure you will not need one, at least be willing to approach and discuss the matter. It could save you from a headache and perhaps even a hefty attorney bill in the years to come.

Letting Emotions Get in the Way

Prenuptial agreements cover one of the most sensitive topics in a marriage – money (which also happens to be one of the leading causes of divorce) – so it only makes sense that hurt feelings are common when discussing them. Unfortunately, too much emotion can get in the way of productive discussions. In extreme cases, it could even cause an argument that forces one or both parties to reconsider their impending marriage. Thankfully, you can do things differently; if you find yourself getting upset, take a break and come back to the discussion when you are calm. Yes, completing a prenuptial agreement is difficult, but it can be worth it in the end.

Settling Early to Resolve the Matter

Much like in a divorce, some parties would rather settle for less than to have the hard discussions. They may accept less than they are entitled to, or they may agree to something they will later regret. Do not let this happen to you. Tough it out and, again, remember to take the time to de-stress or reconnect as a couple whenever you need it.

Hiring the Same Attorney

Two spouses who are going through a divorce do not hire the same attorney, so it only makes sense that they should have separate lawyers when drafting a prenuptial agreement. However, this mistake is extremely common, and it can wreak havoc on negotiations. In some situations, it may even lead to an invalid prenuptial agreement. Make the better choice: hire your own attorney, even if your soon-to-be spouse is against it.

Contact Our Wheaton Family Law Attorneys

Backed by more than 210 years of combined experience, The Stogsdill Law Firm, P.C. can help you negotiate a favorable but amicable prenuptial agreement between you and your partner. The firm that other lawyers turn to for assistance, our DuPage County family law attorneys will examine your situation, advise you of your options, and skillfully represent your best interests. Call 630-462-9500 and schedule a personalized consultation to learn more.



  • DuPage County Bar Association
  • Illinois State Bar Association
  • American Bar Association
  • Rotary of Oak Brook
  • Martindale Hubbell
  • American Institute of Family Law Attorneys
  • American Institute of Family Law Attorneys
  • Top 40 Under 40
  • DCBA Law Firm of the Year
    DCBA Law Firm of the Year 2011, 2013
  • Office of the States Attorney 2006-2007
    Outstanding Service to the Office of the State's Attorney 2006-2007
  • Prosecutor 2012
    Outstanding Misdemeanor Prosecutor 2012
  • AVVO Clients Choice
    Clients' Choice
  • I would highly recommend Tony Sammarco to anyone needing a divorce lawyer. He explained all my options to me and he made sure I understood the process. I am glad I had him there to help me through this difficult time.

  • Thank you doesn’t seem enough for all that Bill Stogsdill and Brett Williamson have done not only for me, but my children as well. When I first met both of these gentlemen, each presented themselves with such self-confidence. I instantly knew...

  • The Stogsdill Law Firm and I were able to obtain sole custody of my son. I am fortunate for the outcome and I am to be a father to my son. Secondly, my ex-spouse was awarded limited portion of the marital estate. Bryan Estes is more than an excellent lawyer...

  • Whenever my opinion is asked by any of my clients, friends or family regarding what law firm someone should use for their divorce my answer is always the same –The Stogsdill Law Firm, P.C. The kids and I are forever indebted to Bill and his firm.

  • Bryan's ability to listen and understand my situation and then offer his advice on how we should proceed was the main reasons I hired Bryan as my attorney. That was the best decision I made, for myself and my children. Bryan helped develop action plans as well as a strategy ...

  • I wanted to thank you for your professional and respectful help with my case. Before entering your law firm, I felt as if my life might be at an end. After being greeted by your office manager, I was completely put at ease. Then after my consultation with you, I knew I was in good hands...

  • Mr. Smit has demonstrated a high degree of loyalty and trust worthiness to his work and to his associates. Justin certainly is an asset to your Law Firm, his organization skills are second to none. I have and will continue to recommend Justin ...

  • I recently made the life-altering decision of ending a 30 year marriage. While the support of family and friends was very important, I knew that choosing the right attorney was vital. In large part, my future would be determined by his legal advice and skills…

  • You've clearly established a client-focus in your office -- providing your clients with the warmth and understanding they need as they go through a very difficult time. Thank you, again, for all your help.

  • Taking that step to file for divorce was probably one of the most life changing decisions I have ever made. The process is very painful and emotionally draining. I retained Robert Boyd and Justin Smit of The Stogsdill Law Firm, P.C...

News and Press Releases