As the saying goes, “Hope for the best but prepare for the worst.” In essence, that is precisely what a postnuptial agreement is. Like a prenuptial agreement, postnuptial agreements are important legal documents illustrating how a couple’s marital assets will be split if their marriage ends in divorce or death. However, the difference between a prenuptial agreement and a postnuptial agreement is that postnuptial agreements are created after the marriage has already occurred. In this blog, we will examine three considerations when considering a postnuptial agreement.

If you are interested in creating a postnuptial agreement, do not hesitate to contact a knowledgeable attorney who will ensure your rights remain protected and respected throughout the process and that your best interests are always placed at the forefront of all decisions made. 

Why Should You Consider Creating a Postnuptial Agreement

Couples often hesitate to discuss postnuptial agreements because some people do not want to think about the prospect of their marriage ending. While this sentiment is understandable, people who are afraid to discuss postnuptial arrangements are likely unaware of the benefits and peace of mind such an agreement may provide them. Reasons to consider a postnuptial agreement include the following: 

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Many divorced parents of minor children remarry before their children reach adulthood and move out of the home. And while stepparents, stepsiblings, and the half-brothers and -sisters that come later are a very common feature of American family life, blended families are not without their problems. One of the most difficult parts of putting together children from different families is the inherent differences in opinion between the newly married parents, as well as the children’s parents from previous marriages, regarding how discipline should be handled. 

Nearly all parents agree that children need structure and discipline, but there are widely varied philosophies about what discipline intended to correct unwanted behavior should look like. Some parents spank liberally, while others consider any form of corporal punishment tantamount to child abuse. So what can you do if your ex has remarried and you disagree with your ex’s new partner’s method of disciplining your child when she is at their home? 

Parenting Time and Parental Responsibilities

When a couple gets divorced, their parenting plan lays out specific details regarding how important decisions will be made for a child and when a child will be at each parent’s home. When a parent is exercising parenting time, they have full authority to make everyday decisions related to the child’s well-being, including discipline.

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While fiercely litigated divorces and heated child custody disputes were more common in the past, Illinois family courts today try to ensure all children are provided with opportunities to have warm relationships with both parents. Unless there is a good reason to do otherwise, the assumption is that both parents will be involved in a child’s life. While parents are encouraged to resolve parenting disputes on their own or with the help of a mediator, when a judge does have to get involved, one of the factors she can use to determine whether a parent is suitable to spend time with a child is the nature of the relationship between the child and parent and whether it is psychologically healthy for the child. 

What judges do not want to see is one parent going out of their way to psychologically alienate a child from their other parent. This phenomenon, known as “parental alienation,” is known to cause lasting harm to children and has the potential to permanently damage the relationship between a child and her parent. If you are concerned that your spouse is doing this to your child, it is important to take action as soon as possible. 

What is Parental Alienation, and What Does it Look Like? 

The term “parental alienation” is subject to some dispute. What is not disputed, however, is whether the behavior that is often described by the term sometimes exists and is damaging to children. The hallmark of typical parental alienation involves efforts by one parent to create a hostile relationship characterized by negative perceptions about the child’s other parent. Parents trying to alienate a child from each other may try to: 

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Among all the other important questions an engaged Illinois couple must ask each other is whether they want to sign a prenuptial agreement. Even if a couple feels completely committed to a each other, discussing a prenup can bring up some sticky issues. Is it bad luck to discuss a divorce this early? How much do you really want to share financially? Here are some things to think about as you consider whether a prenup is right for you and your fiancé. 

Potential Benefits of Signing a Prenup

While every couple starts their marriage off on a high note, realistic couples will be aware of nationwide divorce rates. While this should not necessarily scare anyone, it should place a serious tenor on the topic of marriage. Couples should consider the importance of marital commitment in the face of the consequences of getting divorced, especially if one or both spouses suffered in childhood from the stresses of having divorced parents. 

That being said, a discussion about a prenup can open up wonderful opportunities to think about what a couple would do should their marriage fail. While they are in the blush of love and positivity, a couple can consider how they would like to watch out for each other even under the worst circumstances. This may not only mean making sure each couple saves a portion of their marital estate for themselves, but it could also mean shielding each other from the burden of student loans or business debt. Even if you do not ultimately sign a prenup, the biggest benefit of discussing the possibilities is the openness and communication that comes from having conversations about tough subjects. 

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The family has never been as varied or flexible in its structure as it is today. While many families are still made up of the stereotypical two-parent mother-father household, many more families are built from strong, single parents–including people who are successfully co-parenting despite never having been married. If you recently discovered someone is expecting your child, you may be wondering if you have parental rights. Read on to learn more about establishing paternity and custody for fathers who have never been married to their child’s mother. 

Do I Need to Establish Paternity? 

Before you can establish any kind of relationship with your child, you need to be certain that you are considered the child’s legal father. You can do this easily if you are married; by simply signing the Voluntary Acknowledgement of Paternity (VAP) at a hospital, most fathers are given full rights to a child. But if you have never been married to your child’s mother, things are a little different. 

If both you and the mother agree, and you are in the hospital when the baby is born, you can sign a VAP and be considered the child’s legal father from birth. If you are not sure whether you are the father, or if the mother does not consent to have you present in the delivery room, you will need to request genetic testing. An Illinois court can order genetic testing and your attorney can help you petition for this. 

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