Prenuptial agreements don't really have the reputation of being the most romantic arrangement for marrying couples. Yet many couples find that prenuptial agreements are ideal for their needs. Many couples consist of people who are already financially established and who want to protect their assets for their own children and other interests. This is one of the situations where people may find a prenuptial agreement to be useful.
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For some married couples in Illinois, there was a decision before the marriage to have prenuptial agreements as a protective device if the marriage failed. Even couples who did not have a prenuptial agreement prior to getting married will decide that post-nuptial agreements are necessary. This can be a confusing issue for some. With any agreement - prenuptial or postnuptial - it is important to have a basic understanding of the law and what can be in the agreement. It is also important to understand if the agreement can be amended. Having a basic grasp of these facts is wise and it is always a good idea to have legal assistance.
As an Illinois couple gets divorced and they have children, child custody and visitation orders will always be an issue. In a best-case scenario, they will come to a reasonable agreement by themselves and court intervention will not be needed other than to sign off on the agreement they have cobbled together jointly. However, since the marriage was untenable to the degree that they decided to part ways, those issues can seep into the negotiation for a visitation order and they will not be able to agree.
Illinois couples who have gotten a divorce and moved on with their lives as best they can will often need to continue having some form of relationship with one another, whether they want to or not. That can be due to a variety of family law issues, including child support, child custody, visitation rights and more. When there is an agreement to divorce, it is not set in stone that any agreement will remain the same forever. That is where modifications come in.
When Illinois parents have ended their relationship, it is important that the support payments be made. If a supporting parent fails to meet his or her obligations based on the agreement, it can cause a host of problems to everyone involved. The parent who is receiving child support could have issues making ends meet because of the failure to pay. The child will be deprived of important financial support. The would-be supporting parent could face penalties. For those who are dealing with these issues, having legal assistance is a must.
When a couple in Illinois is experiencing problems in their relationship, but are not yet ready to move forward with a divorce, a legal separation is an alternative that could be viable as they determine their next step. As with all family law issues, there are requirements with a legal separation. Those who are considering this option should be aware of the law relating to such issues as support, maintenance and what can and cannot be done.
For Illinois parents who are obligated to pay child support to the custodial parent, it is important that the payments are made when they are supposed to and are paid in full. If there is an issue with the child support and the custodial parent seeks to receive it through other means, it is possible that the supporting parent will be informed by the state that he or she will have a tax refund or other money taken to pay for past-due child support. Knowing how to handle this situation is important.
Illinois couples will get married with the intention that the union will last. Unfortunately, the divorce rates are such that it is just as likely that it will fail as it will succeed. People will frequently try to shield themselves from the possibility that there will be a divorce by crafting prenuptial agreements, also referred to under the law as premarital agreements. Even if the document is completed based on the law, there are times when the agreement is unenforceable. Knowing how the law determines if the agreement is unenforceable can be important to both spouses.
Parenting time is often one of the most contentious of family law issues, so understanding state law is imperative. A key factor in this is understanding the child's "best interests" and how the court will decide upon the allocation of parenting time.