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Il divorce lawyerBefore getting married, many couples enter into a premarital agreement that outlines terms in the event of a divorce. There are many different types of issues that can be negotiated between the parties and can become part of a premarital agreement. However, there are some issues that cannot be enforceable as part of a premarital agreement. For example, parties can never negotiate about child support or include a clause that says one of the parties will not be responsible for making child support payments in the event of a divorce. Parties can, however, negotiate about spousal maintenance. The same is true of postnuptial agreements. Similar to prenuptial agreements, a postnuptial agreement allows spouses to reach an agreement about certain issues in the event of a divorce.

We want to provide you with more information about the enforceability of premarital and postnuptial agreements in the event of a divorce in Oakbrook Terrace. If you do have an agreement in place with your spouse and are planning to file for divorce, one of the experienced Oakbrook Terrace divorce lawyers at our firm can help.

What Makes a Premarital or Postnuptial Agreement Unenforceable

Generally speaking, the Illinois Uniform Premarital Agreement Act governs most matters pertaining to premarital agreements in the state, and issues of enforceability also pertain to postnuptial agreements. Under Illinois law, what makes such an agreement unenforceable?

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Posted on in Child Custody

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Since January 1, 2016, sweeping changes to Illinois family laws have taken effect. Through the alterations to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), couples who are thinking about divorcing will notice numerous changes in terminology. In some cases, the changes to the law will have an immediate impact. In other situations, the shifts in the law are largely semantic ones intended to have symbolic import. And such a change is precisely how we would categorize the change from “visitation” time that parents have with their kids after divorce to “parenting time.” In other words, the legal language of “visitation” has been removed from the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in favor of language that speaks to the human realities of a parent’s relationship with his or her child.

Legal Language of “Parenting Time”

What does parenting time mean, exactly? First, it falls under Part VI of the IMDMA, which governs the “allocation of parental responsibilities.” Under the law, parenting time is defined as “the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.” Looking at this specific language, it becomes important to understand what the law means when it refers to “caretaking functions.”

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,A previous post discussed a number of changes made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), all of which took effect as of January 1, 2016. When the overhaul of the IMDMA was signed into law, it contained numerous alterations to parenting during and after divorce. It is also necessary to understand some general changes to parenting laws in Illinois and the ways in which they will impact Muslim families in DuPage County.

Child Custody and the Allocation of Parental Responsibilities

One of the first major shifts to the IMDMA with regard to parenting is a basic name change concerning child custody. While changing the title for a specific area of the law might not at first appear to be a significant alteration, it suggests a shift in the way Illinois courts will approach issues of child custody. What is that name change? The large section of the IMDMA that concerns child custody has been renamed “Allocation of Parental Responsibility.”

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,If you are filing for divorce or are in the midst of dissolving your marriage, how will you be impacted by the availability of temporary support? For many Muslims in DuPage County, temporary support is a significant issue. If you were the primary earner in your household during your marriage, you will need to be aware that the court can order you to pay temporary support for your spouse and children until other orders are finalized. And if you were not the primary earner in your family, you are likely to have questions about whether you will be eligible for temporary spousal support and temporary child support until your divorce is completed.

Major changes to Illinois’s marriage and divorce laws will take effect on January 1, 2016, and one of those new laws deals specifically with temporary support.

Establishing the Need for Temporary Support

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