In a previous post, we discussed common misconceptions about prenups. Now that you know what a prenup is not, you may want to know what a prenup is. How far should a prenup go? Does a prenup last forever? Having an understanding of the basics of prenuptial agreements can help you prepare to negotiate a fair agreement that places your marriage on a firm footing. Everybody’s situation is unique, so be sure to ask your specific questions to a qualified Illinois prenuptial agreement attorney. 

What Can I Include in a Prenuptial Agreement? 

• Premarital debts and assets - The most common use of a prenuptial agreement is to protect assets that were owned by one spouse before getting married. It can also protect a spouse who does not have debt from having to pay it off after divorce. Spouses may continue the financial provisions of a prenup indefinitely, or agree to a gradual transfer of wealth after a certain number of years of marriage. 

• Inheritance and family heirlooms - Although property received as a gift or inheritance is generally seen as personal property and is not subject to division in a divorce, spouses can protect themselves from accusations of commingling by specifically addressing gifts and inheritance in a prenup. 

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Parents getting divorced in Illinois have many different issues to handle as they create a parenting plan for their children. Determining how to allocate important decision-making responsibilities, creating a plan for parenting time, and agreeing about how the children will be moved back and forth are all questions that must be dealt with. 

In addition to these major well-known issues, there is an additional provision called the “right of first refusal” that parents must address in their parenting plan. As with other issues related to the children, parents who work together can create a right of first refusal provision that allows them the flexibility they need. 

Understanding the Right of First Refusal 

Many changes have happened in Illinois family law in recent decades, and the right of first refusal is one such change. These changes reflect a shifting cultural attitude, supported by substantial research, that children are better off when both parents play as large of a role in their children’s lives as possible following a divorce.

A parent’s relationship with a child is one of the most precious and enduring joys of life. Unfortunately, sometimes the strength of this relationship can be threatened by divorce and the process of splitting a family into two separate households. Parents in Illinois are often understandably worried about what this means for their relationship with their children. As a result, making decisions about child-related issues during divorce can become contentious and difficult. 

About five years ago, the Illinois legislature updated the law regarding children’s issues when parents get divorced. Rather than referring to “custody” or “visitation,” Illinois law now uses the terms “parental responsibilities” and “parenting time,” respectively. It is important to understand what these two terms mean and how they might apply to you.

What are Parental Responsibilities? 

The recent changes enable Illinois courts to address changing social mores. Over the past many decades, parents who got divorced could expect the mother to obtain “custody” and the father to obtain “visitation.” Today, changes in gender roles see many more women in the workplace and many more fathers playing an active role in rearing their children. 

Before divorce proceedings begin and a couple starts negotiating their differences, it can be difficult to tell whether a marriage is likely to end with hostility or respect. Spouses frequently surprise each other by the extent to which they are willing to fight over seemingly small issues. Likewise, a couple may also be surprised by how smoothly they can negotiate.

Although divorce is rarely predictable, certain things can let spouses know whether attempting mediation rather than divorce court is likely an effective strategy. Both mediation and divorce trials have pros and cons, and spouses getting divorced would be wise to weigh their options before making any decisions.

What are the Benefits of Mediation? 

Mediation can be a great strategy for couples who can communicate well and are willing to work hard to minimize hostility and resentment. Openness, honesty, and a willingness to put certain personal differences aside will help divorcing parents focus on more important things like asset division, child support, and allocation of parental responsibilities. 

When questions arise in an Illinois court case regarding the best interests of a child, there are many different people who may potentially be involved. Attorneys for each parent, child welfare agents, and other parties advocating for the best interests of the child may each play a role with slightly different responsibilities. 

In this article, we will examine the roles of child representatives, guardians ad litem, attorneys for the child, and custody evaluators. If a guardian ad litem has already been assigned to your child custody case, read our previous article to find out more about what you can do. 

What is a Child Representative? 

Child representatives are attorneys for a child and are tasked with advocating for the child’s best interests. They must investigate the circumstances and facts surrounding a case, meet with children and other relevant parties, and can be involved in court hearings related to allocation of parental responsibilities, parenting time, or overall parental fitness. Unlike a guardian ad litem, child representatives may not be called as witnesses to testify in court, and they do not submit a report to the court but instead provide evidence-based legal arguments.