Tag Archives: prenuptial agreement

How to Address Legal Issues Involving Your Wedding and the Coronavirus

Wheaton prenup attorney cohabitation agreement coronavirusOn March 11, the World Health Organization (WHO) declared that COVID-19, commonly referred to as the coronavirus, is enough of a global threat to humanity that it can now be classified as a “pandemic.” As more and more events with large gatherings are getting canceled or postponed, couples planning to tie the knot may be concerned. Here is why weddings are particularly susceptible to the coronavirus and what you might want to consider doing about it, including postponing it and choosing to work on your prenuptial agreement or cohabitation agreement instead.

Why Weddings Are Dangerous Due to the Coronavirus

Although most people have aimed their attention on the cancellation of major events and other public gatherings, including festivals like South by Southwest and Coachella, and sporting events like the NCAA March Madness Tournament, not enough focus has been placed on weddings. Weddings are particularly dangerous when it comes to the coronavirus because:

  • Most weddings have large amounts of people crowded into relatively small places.

  • The guests of many weddings are coming from all over the country and world, which increases the likelihood of some carrying the coronavirus.

  • Many guests that both the bride and groom would like to have in attendance at their wedding are elderly and therefore more susceptible to the virus.

You Postponed Your Wedding—Now What?

For many people, the question is not really what you should do about your wedding; it is what you should do instead of your wedding. With Illinois Governor J.B. Pritzker recommending a ban on sporting events until May 1 and countless major events already canceled, it is becoming increasingly clear that a contingency plan for your wedding might be necessary. You might want to postpone your wedding and do the following with your time instead while you wait for the virus to run its course:

  • Work on a prenuptial agreement—This can often take longer than you would expect, but odds are once you complete it, you will be happy with the result. You might even be closer as a couple.

  • Develop a cohabitation agreement—If you are not already living together, maybe now would be a great time to give it a try. Consider starting out with a cohabitation agreement. This type of agreement can also be beneficial if you are already living together and want to establish or reaffirm some ground rules. Setting these rules early on could help you ease into your future marriage.

  • Marry each other without the wedding—You can go to your local courthouse and demonstrate your devotion to your partner by getting married without all the elaborate planning and large crowds—and possible coronavirus risks—that are involved with the wedding itself. This does not mean you will never have a wedding; it just means you will be taking a rain check on it until the coronavirus situation is remedied.

What to Do if the Wedding Must Go On

For the brave souls going through with their weddings despite the threat of the coronavirus, here are some tips to minimize possible infections:

  • Warn guests, particularly the elderly and those with underlying health conditions, that there are risks in attending the wedding, and encourage them to stay home if they have the slightest bit of doubts about going to your wedding, especially if they are already sick. Make sure they do not feel bad about missing your wedding.

  • Post the CDC’s (Centers for Disease Control and Prevention) guidelines for coronavirus prevention throughout the wedding venue.

  • Provide readily available access to hand sanitizer wherever possible within the venue.

  • Practice and encourage “social distancing” by seating people farther away from each other and spacing out the environment more.

Contact a Wheaton IL Family Law Attorney

With the coronavirus affecting so many people, the threat is real, and it must be taken into consideration with upcoming weddings. If you and your partner are thinking about postponing your wedding and are interested in working on some other legal arrangements for your relationship, contact a DuPage County prenuptial agreement lawyer at 630-871-1002. The consultation is free, and the dynamic team at Andrew Cores Family Law Group will make sure the time it takes for you to wait for the wedding is actually time well spent for your relationship.

Sources:

https://time.com/5801095/coronavirus-weddings/

https://fortune.com/2020/03/12/coronavirus-wedding-cancellations-business-impact-covid-19/

https://www.theatlantic.com/health/archive/2020/03/wedding-plans-coronavirus/607723/

What Are the Benefits of a Prenuptial Agreement in Illinois?

DuPage County family law attorney for prenupsFiling for a divorce, legally referred to as a dissolution of marriage in Illinois, can be a burdensome process that requires vast amounts of time, money, and effort from both parties. Ending a marriage requires the division of property, real estate, and businesses, as well as settling issues related to custody of children. Fortunately, some of the disputes surrounding these matters can be avoided through the use of a prenuptial agreement, or prenup. Prenuptial agreements have a negative connotation in some people’s minds; however, many divorce attorneys would recommend this type of agreement for any couple planning on getting married. Taking steps to determine how assets will be divided and how other matters will be settled ahead of time could save countless hours of arguing during the stressful and emotional divorce process.

Planning Ahead

Marriage can have its ups and downs. Even during happy times, it is a good idea to plan for the worst. Making decisions on matters ahead of time can save a lot of time and frustration during an unhappy ending. Listed below are a few possible marital issues that can be addressed in a prenuptial agreement:

Protecting Your Assets

Wealth and property management can be an intricate matter that should be discussed by both parties before going into a marriage. Having a prenuptial agreement in place prior to a wedding could save someone from losing everything he or she has worked for in life in the event of a divorce. A partner may be offended when this topic is introduced, but listed below are some general suggestions on how to propose the scenario:

  • Familiarize your spouse with the topic of a premarital agreement as soon as possible.

  • Explain how a prenup would save time and frustration in case of a divorce.

  • Reference how a prenup can be good for both parties.

  • Offer to co-create the agreement to ensure both parties have a voice.

Contact a DuPage County Prenuptial Agreement Lawyer

A divorce can be difficult for many reasons, with a lot of marital issues to settle before both partners can move on. Before entering into a marriage or civil union, agreeing on certain issues beforehand is highly recommended. The dedicated attorneys at Andrew Cores Family Law Group are able to work with you and your spouse at any time to discuss your best options based on your circumstances. Our dedicated Wheaton family law attorneys can answer any questions you may have about prenups or other related legal issues. To arrange a free consultation, call our office today at 630-871-1002.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59

https://www.huffpost.com/entry/how-to-bring-up-prenup_n_5a60e0efe4b05085db606d29

 

Reasons That Your Prenuptial Agreement Might Not Be Enforceable

prenuptial agreement, Wheaton family lawyers Prenuptial agreements, also called premarital agreements or “prenups,” are beneficial legal tools couples can use to manage and protect assets. Although they are often associated with celebrity marriages, prenups are not only for the rich and famous. Anyone can benefit from the protections offered through this valuable legal tool, but those who choose to create a prenup must be sure to do it correctly. It is not uncommon for a couple to think that they have a legally-binding prenuptial agreement only to discover it is unenforceable during a divorce. There are several circumstances which can invalidate a prenuptial agreement.

Prenups Must Meet Certain Criteria to Be Legally-Binding

You may remember the outrageous comedy movie Liar Liar. In the film, Jim Carrey’s character is a divorce attorney helping a less-than-ethical client divorce her husband. Although the movie is filled with exaggerations and inaccuracies, the clip in which the client’s prenuptial agreement is found to be invalid in court is fairly realistic. The client had entered into a prenuptial agreement with her husband upon getting married, but it was discovered that she was only seventeen-years-old when she signed it. Minors cannot enter into legally-enforceable contracts such as a prenuptial agreement. So, if one or both of the individuals were under age 18 upon signing the prenuptial agreement, it will not be valid.

Both Parties Must Fully Understand and Consent to the Prenuptial Agreement

Another way a prenup can be invalidated is if it was signed under duress. If one of the spouses was coerced into signing the document against his or her will, it cannot be used to make decisions about property during a divorce. Similarly, if a spouse was not mentally coherent when signing the document due to drugs, alcohol, illness, or for any other reason, it will not be legally-enforceable. A prenup can also be invalidated if both parties did not fully read and comprehend the document. If the prenuptial agreement contains lies regarding income or debts, it can also be thrown out.

A Prenuptial Agreement Must Be Reasonable

A prenup will not be enforceable if it contains “unconscionable provisions.” Unconscionable provisions refers to rule or directions which are grossly unfair or unethical. For example, a prenup which gives all the marital assets to one spouse while assigning all the marital debt to another will probably not hold up in court.

Contact a Qualified Wheaton Lawyer for Help Drafting Your Prenuptial Agreement

The only way to be completely certain that your prenuptial agreement is legally-binding is to have it reviewed by a licensed attorney. For help drafting or modifying a prenup, contact our team of highly skilled DuPage County family law attorneys at the Andrew Cores Family Law Group. Call us at 630-871-1002 today.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59