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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers

Oak Brook family law attorney prenuptial agreement

When people get divorced, they may fear that they will never find love again. If you have met someone special after your divorce and intend to get remarried, you are probably excited to make this important commitment to your new partner. However, you may also worry about the possibility of your second marriage ending in divorce. A prenuptial agreement is a legally enforceable contract that protects a spouse’s rights in the event of divorce or death and helps an engaged couple ensure that they are on the same page before tying the knot. An experienced family law attorney can help you draft this legally binding document. 

Advantages of Signing a Prenup Before Your Second Marriage

Prenuptial agreements or “prenups” are often misunderstood. Signing a prenup does not mean that you think your marriage will fail. However, prenuptial agreements do provide a multitude of benefits if a couple does eventually decide to divorce. During the creation of a prenuptial agreement, a couple decides how they want to handle issues related to property or asset division, spousal maintenance, life insurance policies, retirement funds, and estate planning upon divorce or the death of a spouse. Many engaged couples find that creating a prenuptial agreement allows them to discuss money-related issues openly and honestly. Research shows that financial disagreements are the number-one predictor of divorce in the United States. By discussing concerns related to property and debt before getting married, you and your soon-to-be spouse set yourselves up for a happy, successful marriage.  

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Cook County family law attorney

Every parent should understand his or her parental rights under Illinois law. If you are a father or soon will be and you are unmarried, taking action to protect your parental rights is essential. When a married couple has a child, the husband of the woman who gave birth is automatically presumed to be the biological and legal parent of the child. However, if you are unmarried at the time of your child’s birth, you will need to take certain steps to establish yourself as the child’s legal parent. This is crucial in protecting your parental rights, including your right to enjoy parenting time with your child.

Establishing Paternity in Illinois

The first step you need to take to protect your rights as a father in Illinois is to establish your legal parent-child relationship. Establishing paternity provides a number of benefits to both the child and the parents. Unless there is a reasonable concern that spending time with the father would put the child’s well-being in danger, a father who has established paternity has a legal right to parenting time. Once you have established paternity, you will be able to put your name on your child’s birth certificate. Additionally, your child will gain access to your health insurance, Social Security benefits, veteran’s benefits, and pension benefits if applicable. Establishing paternity also allows the custodial parent, meaning the parent with the majority of the parental responsibilities, to collect child support payments.

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Oak Brook parenting time attorney grandparents

For many children, spending time with grandparents is just as vital to their happiness and success as spending time with their parents. Across the country, millions of grandparents are an integral part of their grandchildren’s lives. Many older parents worry that if their child gets divorced, they will no longer be able to spend time with their grandkids. In some cases, a grandparent may need to petition the court in order to be granted visitation with their grandchildren. If you are seeking this type of order, it is essential that you obtain professional legal counsel so you fully understand your rights as a grandparent.

Circumstances That May Lead an Illinois Court to Order Grandparent Visitation

Unless parents have lost their parental rights due to abuse, abandonment, serious drug addiction, or another reason, they have a legal right to spend time with their children. This right does not automatically extend to grandparents. However, grandmothers and grandfathers may be able to receive a court order that grants them the legal right to visitation with their grandkids in certain situations. If you are a grandparent, you may be able to receive court-ordered visitation with your grandchildren if:

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Oak Brook prenuptial agreement attorney

Research shows that prenuptial agreements, or “prenups,” are becoming increasingly popular – especially for the millennial generation. Many millennials are getting married later in life compared to their parents or grandparents. They may already own a home, a small business, or have other substantial assets by the time they tie the knot. They may also have accumulated significant debts, such as student loans. A prenuptial agreement is a great way for couples of any age to define and protect their financial rights in the event that their marriage ends in divorce. If you are considering creating a prenuptial agreement, it is essential to know the common mistakes that can make this important legal document invalid.

Financial Transparency Is a Requirement

A prenuptial agreement mainly deals with financial issues such as property or asset division and spousal maintenance (alimony). In order for a couple to come to a resolution about the details of their prenup, they must both fully disclose all of their assets, income, and debts. If a spouse lies about his or her finances, then the terms contained in the prenuptial agreement are based on misinformation. If the couple does end up filing for divorce, and it is determined that the prenuptial agreement was founded upon false financial information, the document may not be legally enforceable.

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Western Springs prenuptial agreement attorney

Prenuptial agreements, or “prenups” for short, have long been the subject of misinformation and misunderstanding. Outrageous celebrity weddings, television shows, and movies have shown prenuptial agreements in an unfairly negative light. However, signing a prenuptial agreement before getting married can be a responsible and beneficial decision for many couples. Read on to learn how a prenuptial agreement or premarital agreement can benefit you and your partner in Illinois.  

A Prenuptial Agreement Protects Your Financial Interests

The main benefit of a prenuptial agreement is that it protects the financial interests of both parties should the marriage end in divorce. In Illinois, a divorcing couple’s marital estate is divided according to equitable distribution laws. Through equitable distribution, property and debts are divided fairly, but not necessarily evenly. If you and your soon-to-be spouse sign a prenuptial agreement, you have the option to make your own property division decisions in advance and override these state laws during a divorce.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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