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Glen Ellyn Family Law AttorneyAlthough Millennials and Gen Z are getting married at lower rates than previous generations, when they do get married, a significant percentage of them create and sign a prenuptial agreement. This is partly because they tend to get married at older ages and have more value in their personal belongings than previous generations. It is also in part because they have a heightened consciousness of the likelihood of divorce and its financial risks. 

Whatever the reason for creating a prenup, spouses may find that, faced with the prospect of divorce, their prenup no longer serves their interests or perhaps never did. An outcome that may not seem so bad in theory may suddenly sound terrible in practice. In cases like this, it is only natural to wonder whether the terms of a prenup can be disputed in court. 

What Can Invalidate a Prenup? 

The first thing that could invalidate a prenup is if both spouses simply agree not to abide by its terms. However, if one spouse is put at a disadvantage because of a prenup, it is unlikely that the other spouse will be willing to give up their advantage. Other options, then, are necessary. 

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DuPage County Family Law AttorneyIllinois has enacted many changes to divorce and family laws in recent years. Child custody is now broken down into two main categories: A parent’s right to make decisions about his or her child’s education, healthcare, and other vital issues is referred to as “parental responsibilities.” The time that a parent spends directly caring for his or her child is called “parenting time.” Read on to learn more about parenting time in Illinois.

Parenting Time Schedules and Parenting Plans

Divorced parents are required to draft a parenting agreement or parenting plan. The plan contains important information about how the parents will divide parenting time and responsibilities. Some parents alternate weeks or months which their children. Others use a 2-2-3 schedule in which the children switch homes every two days and parents alternate who has parenting time on the last three days of the schedule. Sometimes, one parent has the child on weekdays, and the other parent has the child on the weekends.

If parents can agree to the terms of the parenting plan, they can submit one parenting plan to the court for approval. If they cannot agree, each parent can submit his or her own plan to the court and allow the court to make the final decision.

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Glendale Heights Divorce LawyerIf you are getting divorced, you may understandably worry about the financial consequences of ending your marriage. In some cases, a divorcing spouse is entitled to financial assistance from the other spouse, which is referred to as spousal maintenance or spousal support. This financial support, called alimony in other states, can be a major source of financial relief for the recipient spouse. However, it can also be a significant expense for the paying spouse. It is important for every divorcing spouse to understand the role spousal support may play in their divorce.

Who Can Receive Spousal Support?

Some spouses are entitled to spousal support because they have already signed a prenuptial agreement that dictates the amount and duration of support to be paid in the event of divorce. Spouses may also be able to negotiate the terms of spousal support and reach an agreement without the court’s involvement during the divorce process. Spouses also have the right to petition, or ask, the court for spousal support. The court has the discretion to award spousal support or deny the request.

How Much Does a Spouse Pay?

The amount of spousal support a spouse pays is based on the spouses’ net incomes. Illinois law sets for the following spousal support formula: One-fourth of the recipient’s net income is subtracted from one-third of the paying spouse’s net income to find the amount of support to be paid.

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Addison Child Support LawyerWhen family law cases involve children, including situations where parents get divorced or child custody cases where parents are unmarried, child support will often be a factor. This form of support will ensure that children’s ongoing needs will be met. While parents may expect that child support will be paid by one parent to the other, they may not be fully aware of what child support is meant to address and what types of expenses will be included. By working with a family law attorney, a parent can make sure they understand how the law applies in their situation, and they can ensure that child support orders will fully address their children’s needs.

Basic Child Support and Additional Expenses

Under Illinois law, a statutory formula is used to calculate what is known as a “basic child support obligation” based on the amount of income earned by both parents and the number of children they share. This amount is meant to provide for children’s basic, everyday needs, including making sure they have the necessary food and clothing and providing them with a place to live. After a basic support obligation is calculated, it will be divided between the parents based on the amount that each parent contributes to the couple’s combined income. 

In addition to the basic support obligation, parents may also need to determine how to divide other child-related expenses. There are multiple types of expenses that may need to be addressed, and these will also generally be divided based on each parent’s percentage of their combined income. Applicable expenses may include:

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Bloomingdale Prenuptial Agreement LawyerThere are many reasons why a couple may choose to enter into a prenuptial agreement before they get married. These agreements, which are commonly known as “prenups,” will detail how certain issues will be handled if a couple chooses to get divorced in the future. A person who owns significant assets may use a prenup to ensure that they can maintain ownership of these assets in the case of divorce. A couple may also make decisions about whether either party will receive spousal support or how different types of marital property will be divided. While these agreements can be very beneficial, it is important to make sure that an agreement is legally valid and will be enforceable if a couple chooses to get a divorce in the future.

Issues That Affect Enforceability of Prenups

A prenuptial agreement must be created prior to a couple’s marriage, and it will become valid after the couple becomes legally married. To ensure that the terms of an agreement will be followed in the case of divorce, spouses will want to do the following:

  • Consult with an attorney - Each spouse should be able to review an agreement with the help of an independent attorney. This will ensure that they fully understand the terms of the agreement and their rights if they decide to get divorced at a later date. If one spouse chooses not to consult with an attorney, they should provide a written and signed statement waiving their right to receive legal counsel.

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