Premarital agreements, commonly referred to as prenuptial agreements, are contracts between two individuals planning on getting married. The agreement defines how the couple's assets and liabilities will be divided in the event of a divorce. Despite their growing popularity, many myths exist regarding premarital agreements. It is essential to debunk these myths to see whether a premarital agreement may suit you and your situation. Remember, if you are interested in a premarital agreement, contact an experienced family law attorney to learn more and see whether signing one may be in your best interest. 

The Most Common Misconceptions Regarding Premarital Agreements 

1. Premarital agreements are only for the wealthy – While premarital agreements are commonly associated with wealthy individuals and celebrities, they are not exclusively for the rich. Anyone can enter into a premarital agreement, regardless of their financial situation. In fact, premarital agreements can benefit those who have children from another marriage or own a business.
2. Premarital agreements are only necessary if the couple is planning to divorce – Many people believe that premarital agreements are only helpful in the event of a divorce. However, premarital agreements can also be helpful during the marriage. For example, a premarital agreement can specify how household expenses will be paid, assets will be acquired, and investments will be managed. By establishing clear guidelines for financial matters, premarital agreements can help the marriage.
3. Premarital agreements are unromantic and can damage the relationship – Some people believe that discussing premarital agreements can be a mood killer and can damage the romantic aspect of the relationship. However, discussing a premarital agreement can actually be a sign of trust and respect. It demonstrates that both parties are committed to being honest and transparent about their financial situation. Therefore, couples can strengthen their relationship by discussing premarital agreements openly and honestly.
4. Premarital agreements are not legally enforceable – Premarital agreements are legally enforceable in most states as long as specific requirements are met. To be valid, a premarital agreement must be signed in writing, signed by both parties and entered into voluntarily. Additionally, the agreement must be fair and reasonable when it is signed. It is essential to consult with an attorney to satisfy all necessary legal requirements to ensure the agreement's legitimacy. 

Contact a Kane County Family Law Attorney

If you want to learn more about premarital agreements or are ready to sign into one, contact the experienced Batavia, IL family law lawyer at Van Larson Law, P.C. Call 630-879-9090 for a free consultation.

When people are divorcing, there are many financial concerns to contend with, including alimony or spousal maintenance. Judges in Illinois must consider whether one spouse merits receiving payments from the other spouse for any period of time during or after a divorce.

Spousal support in Illinois is generally either temporary or long-term. Temporary support may last only through the divorce process while long-term support will last much longer.

Long-term maintenance can also be fixed-term, indefinite, or reviewable. Fixed-term maintenance means a court establishes a date on which support will end, indefinite maintenance means that payments will continue unless an award is modified or terminated, and reviewable maintenance means a court will retain the right to revisit the award and modify it later.

Ending a marriage can be an especially difficult and often confusing time. Even if a divorce is the best option for you and your spouse, it can still be a challenge to navigate the process. Hiring a divorce attorney is the best way to ensure you have access to the legal support you need. Your lawyer will guide you through the divorce every step of the way and help you step into the next chapter of your life.

But how can you pick the attorney best for you? There are many different things to keep in mind. With the added benefit of modern technology and the internet, researching is made easy so you can find the right fit for your needs.

What Type Of Attorney Do I Need?

There are many different types of law that can be practiced. In the case of divorce, a law firm that handles family law is what you will want. There are many different complexities involved in marriage dissolution cases, and knowledge of family law is essential.

As a new year rolls in, many of us are looking to start the year fresh and better ourselves during 2023. Though working on yourself is always a positive thing, it can be difficult for those of us who have recently gone through a divorce. If you and your former spouse have children together, it can be especially challenging to remain positive and resilient in the new year. But with some patience and understanding, you and your former spouse can work on your relationship in a constructive manner for the benefit of your children. 

How Can I Keep Positive?

Though it may go against your instincts to talk positively towards and about your former spouse, this will have a large impact on your child’s view of the parent. Young children are highly impressionable and what you say has a big influence on how they will feel and act in the future. Illinois Courts tend to lean in favor of keeping both parents involved in children’s lives as much as possible. 

If you are looking to end your marriage, you may qualify for an annulment. Though an annulment is not the same as a divorce, it is another legal way to end a marriage. Technically, an annulment, called a Judgment of Invalidity of Marriage, asserts that a marriage was never valid to begin with. Specific requirements must be met for an annulment to be an option.

What Is an Annulment?

The state of Illinois views an annulment as the invalidity of a supposed marriage. This would mean that the marriage itself would be voided from the date of the marriage. In a divorce, the marriage is dissolved but an annulment invalidates the marriage altogether. There are only a select few circumstances that can qualify a marriage to be annulled:

• If one or both parties were under 18 at the time of the marriage, and therefore, under the legal age of consent, and did not have any consent from a guardian or the courts.
• If the marriage was illegal, such as in the case of bigamy. Illinois does not recognize polygamy and a party cannot enter a second marriage if currently married.
• If one of the parties was mentally unwell or under the influence of substances at the time of the marriage, then they can be declared of unsound mind.
• If one party can prove they were forced into the marriage by the partner.
• If the two parties are found to be closely related through blood or adoption. 
• If one of the parties was physically unable to consummate the marriage.

When Can I Get an Annulment?

There is a varied time limit with most of the conditions listed. If, for example, you have found out that your spouse is unable to have sexual intercourse after the marriage, you have one year to annul the marriage. If someone was not of sound mind or was forced into the marriage, the statute of limitations is 90 days. In the case of a minor entering the marriage, the time limit lasts until the minor reaches the legal age of consent. If you learn that your partner is already in a marriage prior to your own, there is no time limit, as your marriage is illegal.