While prenuptial agreements can be a wonderful source of constructive conversations before a marriage and a protective measure for both spouses before divorce, not everybody wants to write and sign a prenup. While there are good reasons for both having and not having a prenup, everybody feels differently about these legally-binding contracts, and the feeling that a prenup constrains a marriage in a way that feels overly financial or transactional is very common. 

Furthermore, a prenuptial agreement is often not simply the product of an engaged couple. The parents of one or both spouses may encourage the couple to sign a prenup, and some parents insist that a prenup be signed before doing important things like helping the couple pay for their wedding. Again, while the parental desire to have a prenup to protect an engaged child is understandable, the kind of pressure parents put on a couple may actually backfire by invalidating the agreement. To learn how a prenuptial agreement could be invalidated in Illinois, read on. 

When Parents Make a Wedding Conditional on a Prenuptial Agreement

Illinois law requires prenuptial agreements to favor both spouses fairly and to be signed without the influence of coercion or duress. While coercion and duress may look different to one person than another, courts will look for certain signs that indicate coercion may have been at play when the prenup was signed. These include, but are not limited to: 

Prenuptial agreements are rising in popularity. More and more couples are signing prenuptial agreements before they say "I do." Modern couples are realistic. Drafting a prenuptial agreement is not exactly romantic, but it is one of the most responsible decisions you could make before getting married. If you are considering a prenuptial agreement, here are five reasons to get one.

To Protect Your Assets

If you have significant assets, a prenuptial agreement can help protect them in the event of a divorce. When people get married, their finances inevitably become mixed. Any property or money that a spouse earns while they are married is added to the marital estate. If the couple divorces, any property contained in the marital estate is divided between the spouses. With a prenuptial agreement, you can keep your assets separate. This means that in the event of a divorce, your assets will not be considered part of the marital estate and will not be subject to division. You can also use a prenuptial agreement to protect inherited property or gifts from family members.

Some married couples prefer to keep their finances separate. Instead of mixing property and debts, they use a prenuptial agreement to classify their assets and debts as non-marital. This means that in the event of a divorce, each spouse will keep their own property and debts.

A legal separation does not end a marriage. However, it does allow spouses to make legally binding decisions about child custody, property division, and other issues typically decided on during a divorce. There are several reasons a married couple may choose to seek a legal separation rather than a divorce, including religious beliefs or personal preferences. In some cases, couples may also use legal separation as a way to test whether they want to end their marriage,

If your marriage is experiencing turmoil, make sure you understand the advantages and limitations of legal separation before making a decision.

Basics of Legal Separation in Illinois

When a couple gets divorced, they are no longer married in the eyes of the law. This means that they can remarry if they choose to do so. A legal separation does not end your marriage, but it does allow you to create a separation agreement - a document similar to a divorce decree. Your separation agreement may contain determinations regarding:

Deciding to adopt is a serious matter and can be complex depending on your situation. Adopting a child can also be one of the most rewarding experiences of your life! Since 2000, our team at Goosetree Law Group has helped families through the process of different types of adoption in Illinois, including co-parent adoption. 

What is Co-Parent Adoption?

Co-parent adoption is when one biological parent of a child agrees to let another person legally adopt the child. This type of adoption is most common in cases of third-party reproduction, in which a couple uses someone other than themselves to create and bring a child into the world. If one member of the couple is the biological parent but the other is not, they can use co-parent adoption to make the other person a legal parent as well. This is also a common scenario for same-sex couples and couples who use surrogacy or donor conception.

Co-parent adoption has a similar process as other Illinois adoptions. In order to adopt, the parent wishing to adopt must file a court petition and may have to make one or more appearances in court as well. The court will, in some cases, order a social worker to visit the family's home to ensure that the home is suitable for children. 

In July 2017, substantial changes to Illinois child support laws took effect. Instead of determining child support solely on the paying parent's income, child support determinations are now based on both parents' financial circumstances. The changes were made in an effort to make child support calculations more equitable.

Child support is usually calculated using the Income Shares formula.  The Income Shares model estimates the amount of money that would have been available to the child if the family had not been divided by divorce. This approach considers both parents' net incomes to determine a child support obligation. In some cases, however, a court may deviate from the typical calculation method. 

Deviating From the Income Shares Formula

Courts can deviate from the statutory child support formula if the court feels it is in the best interests of the child. In making a determination about whether to deviate from the Income Shares calculation method, courts will consider factors such as: