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What Should You do if the Premarital Agreement is Unenforceable or Invalid Prior to Dissolution of Marriage?
Parties could enter into what they believe to be a valid prenuptial agreement.
There may be pre-marital agreements or post-nuptial agreements with respect to which any spouse may have waived statutory rights to inheritance. In considering estate planning issues during the pendency of a divorce proceeding, the impact of any pre-marital agreement or post-nuptial agreement should be taken into consideration with respect to estate planning changes, so as not to violate any valid pre-marital agreement/post-nuptial agreement that may be in effect.
There can be instances when a legal separation may be preferable to a divorce in regard to the parties wishing to be separated and apart.
Representation of Parties in Divorce Relating to An Internal Revenue Service Investigation and Client Agreements
There should be an (A) engagement letter and (B) separate written contract with each representation of each client in a criminal investigation case.
If a person is competent and if there is no duress or undue influence, a person can freely execute a Power of Attorney identifying another person or entity to act on his or her behalf.
Prenuptial agreements can be valid if properly entered into by the parties.
Tips in Regard to Having Valid Prenuptial Agreements, and Subsequent Modifications of Prenuptial Agreements
Prenuptial agreements are contracts, negotiated between the parties and/or their attorneys, that delineate the rights of the parties, including upon death or dissolution of marriage
As a mediator, it’s my job to help people just like you and your spouse separate peacefully, cost-effectively and with as little impact on you and your children as possible. And while it may seem strange to you, when it comes to divorce, I like to bring a little L.O.V.E. to the proceedings.
As a divorce mediator in Chicago, IL, I spend a lot of my time educating my clients as to what C & V mean. In the past, custody always went to the mom and dad got visits every other weekend. Views have changed over the years. Studies are showing that children benefit more when both parents are active in their lives. Dads are taking proactive roles in their children’s lives and this is changing the dynamics of custody and visitation.
In dividing property, the Illinois court considers all relevant factors including the contribution of each party to the value of the property, particularly the contribution of a spouse as a homemaker, the value of the property distributed to each spouse, the length of the marriage, the financial situation of each spouse when the property is divided, (such as the need to give the family home to the spouse who has custody of the children), any obligations and rights arising from a prior marriage of either party, the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the custody of any children, and the reasonable opportunity of each spouse for future acquisition of capital assets and income.
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