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Posted on in Postnuptial Agreements

DuPage County family law attorneyPrenuptial agreements are becoming more common in Illinois marriages. However, many people have never heard of a postnuptial agreement. Prenuptial and postnuptial agreements are actually quite similar; the main difference is that a prenuptial agreement takes place before a wedding, and a postnuptial agreement happens after the wedding has already happened.

If a couple is already married, it may seem odd to write a postnuptial agreement. But often, engaged couples are so busy planning the wedding that the less exciting financial elements of their relationship take a backseat. A postnuptial agreement is a way to address those issues that may have been overlooked during the honeymoon stage.

What is the Purpose of a Postnuptial Agreement?

Just like a prenup, a postnuptial agreement is a legal contract wherein spouses agree ahead of time on the way certain things will be addressed during the marriage and in the event of a divorce. One way postnuptial agreements do this is by determining what was “premarital property” – assets owned by only one spouse before the marriage – and what is “marital property” – assets acquired by both spouses during the course of the marriage.

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Wheaton prenuptial agreement lawyerNobody enters into a marriage thinking they will get divorced, yet most people know that about half of marriages end in divorce anyway. Although you may wish that your relationship will last forever, it is wise to prepare in case of a relationship breakdown. A prenuptial agreement in Illinois is a legally enforceable document that can protect the assets you owned prior to getting married.

Although the idea of having a conversation about a prenup may make some people uncomfortable, this is exactly the kind of discussion you can and should be able to have with your future spouse. Planning for the future will enhance the strength of your future marriage, not detract from it. Here are a few things to consider including in your prenup.

Protect Against Debt

A prenup can protect your individual and marital assets against any debt your spouse accrues by themself over the course of your marriage. This may be a good idea if your future spouse enjoys gambling, or plans on starting a business that will require large loans. A prenup can also protect you from debt that your spouse incurred prior to getting married. In the event of a divorce, the debt remains entirely the responsibility of the spouse to whom it belongs.

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DuPage County family law attorneyDuring and after an Illinois divorce, parents will often feel some hostility towards each other. Even when using lower-conflict divorce methods like mediation, spouses may disagree strongly about what they want and what is best for their child. But despite their differences, most parents will agree that working together to share parental responsibilities is in a child’s best interests.

One crucial factor in providing a child with the best experience possible during and after a divorce is making sure that parents are not negative in their treatment toward and about each other. This is not always easy, but it can be done. Here are some tips for establishing healthy communication with your co-parent.

Never Fight In Front of Your Child

Disagreements are bound to come up, but they should take place only in a context where a child cannot hear you. Even when you are feeling hurt and angry, wait to discuss problems until you know you have privacy. A child does not have the wisdom or the tools to understand parental conflict. Arguing parents can be very scary, and children will often blame themselves for disagreements about child-rearing.

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Posted on in Marriage

Wheaton family law attorneyMarriage is a dream for many people, but for others, it is something that is not necessary. While some people need a ceremony to show their love in front of friends and relatives, others prefer to simply live together and act as a married couple without undergoing the legal process. When a couple wishes to live together but not get married, it is sometimes known as a common-law marriage. While it does work for many couples, any couple that enters into this type of relationship must understand what their rights are, and how to protect them.

What is a Common Law Marriage?

Not every couple that lives together is considered to be in a common-law marriage. In most cases, people that want to be considered common law must:

  • Cohabitate for a certain period of time

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Posted on in Divorce

Wheaton IL divorce attorneyDivorce is always an incredibly emotional process, but many people do not understand the legalities that go along with it. With so many important details to attend to, it is easy to make mistakes that can result in forfeiting your rights or making the divorce more expensive than it needs to be. If you are about to go through a divorce, it is important to avoid these common mistakes so you can protect your best interests while completing the process as quickly as possible.

Arguing Unnecessarily

It is not uncommon for couples to argue when they are going through a divorce. While an argument may arise between you and your spouse during the process, it is important to remember you should only engage in these disputes when necessary. Even then, you should only do so through your divorce attorney and not directly with your spouse.

For example, you may want to keep certain property in the divorce not because it is important to you, but because you want to spite your spouse. An attorney will advise against this, as it will only lengthen the process and cost you more in the end. Still, there are times when you may have to become more assertive and fight for what is rightfully yours, which a lawyer can also advise on.

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