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IL family lawyerPrenuptial agreements, commonly known as prenups, are contracts that couples can sign before getting married to establish rules and guidelines for splitting assets and debts in case of a divorce. While prenups can be beneficial in many situations, there are some cases where signing a prenup may not make sense. Today, we will discuss the situations when signing a prenup may not be the best idea. If you are interested in signing a prenup or learning more about it, do not hesitate to contact a prenuptial attorney to ensure you understand your legal options and what is most beneficial to your situation.

Reconsider Signing a Prenup if Any of These Situations Apply

Here are situations where you should reconsider signing a prenup, including:

  • When there are no significant assets – If both parties have relatively new assets, then a prenup may not be necessary. The cost of drafting and signing a prenup may outweigh any potential benefits.
  • When both parties have similar financial situations – A prenup may not be necessary if both parties have similar financial situations. In this case, it may be better to focus on building a solid foundation of trust and communication rather than signing a prenup.
  • When one or both parties have significant debt – A prenup may not be necessary if one or both have substantial debt. Prenups are typically used to protect assets but may not help protect against debt.
  • When one party is being pressured to sign – If one party is pressured to sign a prenup, it may not be in their best interest. Instead, both parties should enter a prenup voluntarily and clearly understand its implications.
  • When there is a lack of transparency – If one party is not transparent about their assets or financial situation, signing a prenup may not be in the other party’s best interest. A prenup requires full disclosure of assets and debts, so if one party is hiding something, then the prenup may not be valid.

Contact a Cook County Prenuptial Agreement Attorney

Ultimately, a prenuptial agreement is not always necessary or appropriate for every couple. It is essential to consider the specific circumstances of each couple’s situation before deciding whether to sign a prenup. If you are unsure, consulting with an experienced attorney is always best. Contact the experienced Rolling Meadows prenuptial agreement lawyer with The Law Offices of Curtis Bennett Ross, L.L.C. for anyone thinking about getting a prenup or simply having more questions about the process. Call 312-984-1514 for a free consultation.

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rolling meadows divorce lawyerIllinois is a no-fault divorce state, meaning that spouses cannot give specific reasons for getting divorced other than “irreconcilable differences.” Even ugly or distasteful behaviors such as infidelity and domestic violence will not give one spouse preferential treatment during divorce proceedings. That being said, judges are very sensitive to the physical and emotional danger that domestic violence can cause to spouses and children, and there are protections available to victims of domestic violence. If you are thinking about getting divorced from an abusive spouse, here are some ways you might expect your divorce to be different. 

Getting an Order of Protection

When you are ready to file for divorce, it may be wise to get an order of protection. These are legally binding court orders that require an abuser to stay away from a victim and his or her children, including their schools and workplaces. You can get an Emergency Order of Protection ex parte, meaning your spouse does not have to be present during the initial hearing. However, to extend the order of protection, you will both need to appear before a judge to present your evidence. Your attorney can help you gather evidence and file for an order of protection. 

Custody Matters

Although judges are typically wary of giving parental responsibilities (custody) and parenting time (visitation) to only one parent, if one parent poses a clear danger of violence to children, a judge will not expose that child to such a risk for the sake of preserving the parent-child relationship. Instead, a judge may temporarily grant one parent full custody while giving the allegedly abusive parent supervised visitation. Other times, the abusive parent will get no custody at all. 

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shutterstock_605213087-2.jpg Legal separation is an alternative to divorce, offering the disputing spouses space, security, and time to evaluate their marriage. Although not a surefire precursor to divorce, like divorce, legal separation also requires a court order. To seek a legal separation, married spouses must live apart and address parental responsibilities, child support, and spousal support. Divorce can be emotionally strenuous and financially draining. Legal separation might be a viable solution as it can prepare families for the finalization of divorce or give them a chance of reconciliation.

Similarities and Differences between Legal Separation and Divorce

In a legal separation, all assets and debts accumulated after the separation are non-marital, but benefits like health insurance are still shared. Legally separated spouses are granted the liberty to assess their marital strife peacefully. Legal separation can be temporary as there is always a possibility of a reunion. Separated spouses are still technically married.

Divorce ends a marriage. Marital property is divided, and shared benefits are terminated. Divorce is final, and contested ones can be acrimonious and prolonged in courts. 

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