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Ways to Challenge Prenuptial Agreements in Divorce Cases
Prenuptial agreements can be valid if properly entered into by the parties.
In terms of challenges, in order for a prenuptial agreement to be upheld, there should be full disclosure and mutual assent, free of duress or coercion.
Prenuptial agreements may or may not be properly drawn and may or may not identify all material terms and conditions.
In terms of full disclosure, documentation referenced same relied upon, including financial statements and tax returns, should be attached to and incorporated in the prenuptial agreement as exhibits.
Both parties should not use the same attorney or law firm, since that may represent a conflict of interest.
When possible, each party should use separate counsel and a final draft of a prenuptial agreement should be the result of robust negotiations and/or redrafting occurring among the attorneys with participation of the parties.
In deciding child custody, the Illinois court does not consider the gender of the custodial parent. The court considers all relevant factors including the wishes of the child's parents, the wishes of the child, the relationship of the child with the parents, siblings, and any other person who significantly affects the child's best interest, the child's adjustment to home, school, and community, the mental and physical health of everyone, any physical violence by the child's potential custodian, whether directed at the child or at another person, episodes of repeated abuse whether directed at the child or directed at another person, and the willingness and ability of each parent to encourage a close relationship between the other parent and the child.
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