The time before a marriage is often one of great excitement and anticipation. It can also be a time of enormous stress - especially if one fiancé announces unexpectedly to the other that his or her parents want a prenuptial agreement to be signed before the marriage can take place. The partner who is given the option to either sign a prenuptial agreement or cancel the wedding may feel a wide range of emotions - surprise, confusion, and uncertainty, just to name a few.

 If you find yourself in this situation, it is important to take a deep breath and understand exactly what a prenuptial agreement can and cannot do. A prenuptial agreement may end up working to your advantage if it is written correctly. 

You Cannot Be Forced into Signing a Prenup

No matter what your fiancé or his or her parents say, a prenuptial agreement signed under coercion or duress is not valid under Illinois law. So, if you are presented with a prenup a day before your wedding takes place, and you sign it because you are terrified of the implications of canceling the wedding, the prenup could be invalidated on the basis of duress, if you get divorced. 

In 2016, Illinois updated the Illinois Marriage and Dissolution of Marriage Act (IMDMA) to better meet the needs of unmarried and divorced couples. The current law altered the language to represent modern parenting styles more accurately. Instead of one parent being the primary custodian and the other parent merely having visitation rights, the law now describes parenting duties as being shared between the parents. Parents who are getting divorced should be sure to understand the new law, as it differs somewhat from laws in surrounding states, both in terminology and function. 

The allocation of parental responsibilities is an important part of the IMDMA. Generally speaking, the term parental responsibilities is used to describe important decision-making capabilities, which are divided into four general categories. Visitation is now called parenting time. Parenting time refers to the time that either parent spends caring for and supervising the child. 

Parental Responsibilities in Illinois

Parental responsibilities refer to a parent’s authority to make child-related decisions. The four primary areas of significant decision-making described in Illinois law are: 

Victims of sexual harassment are often torn about who to tell and where to go for help. Depending on the details of the harassment, you may not know who in your company you should go to or you may even feel uncomfortable speaking to the person you need to speak to. Furthermore, you may not want the person harassing you to get in serious criminal trouble, even if you are intent on getting the harassment to stop. If any of this sounds familiar to you, speak with an Illinois sexual harassment attorney right away. 

Do I Go to the Police About Workplace Sexual Harassment? 

As with most legal questions, the answer is, “It depends.” Certain types of sexual harassment rise to the level of criminal assault and require the intervention of the authorities. Rape and other forms of physical and sexual assault, blackmail, trafficking, and other serious forms of sexual crimes certainly warrant police attention and may result in criminal charges being brought against the accused. 

However, sexual harassment at work is generally far more subtle than outright physical or verbal threats; for example, some of the most common types of sexual harassment include: 

Starting a business and getting it up and running is no small endeavor. It takes an enormous amount of effort, commitment, and consistency to succeed in business ownership, and many different factors exist that constantly threaten the success of a business. Although many business owners are aware of the dangers of competitors, supply chain difficulties, and rising office rental prices, there can also be another source of danger that they do not suspect until it is too late: divorce. 

Business assets are generally considered part of the marital estate. Unless your business is specifically protected by a prenuptial or postnuptial agreement, it is fair game in the property division process during divorce. You may be required to compensate your spouse for his or her share of business assets. Your spouse may also be liable for your business’s debts. Separating your business from your marital estate can be a very wise tactic and, if you are already married, a postnuptial agreement can help you do this. 

Postnuptial Agreements and Business Ownership

Postnuptial agreements can cover a broad range of topics, mostly focusing on personal and marital finances. Naturally, the best time to negotiate a contract that is in your favor is before you are married; once you get married, your spouse has little incentive to give up access to any business profits he or she would otherwise be entitled to. 

There is arguably no relationship more sacred than the one between a parent and child. For children, solid, loving relationships with their parents are crucial for their healthy development and well-being. Because of this, many states, including Illinois, have placed a specific emphasis on allocating parenting time to both parents of a child, rather than solely to one parent. While it may not always be a 50/50 split, most custody cases involve both parents having parenting time with their children, and it is typically in the child’s best interests to spend substantial time with both parents. However, there may be cases in which the court finds that it is necessary to place restrictions on parenting time.

When Are Parenting Time Restrictions Appropriate?

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) specifically states that both of a child’s legal parents are presumed to be fit to care for their child, and in the vast majority of cases, the court will not restrict or limit parenting time. When children are involved in a divorce or a parental dispute, the duty of the judge and the court is to ensure the child is being taken care of adequately. If the court finds that the physical, emotional, or mental well-being of the child would be seriously endangered by allowing a parent to exercise parenting time, the judge can restrict parenting time for that parent.

How Can Parenting Time Be Restricted?

Before it is determined that a parenting time restriction is in the best interest of the child, a hearing will be held. During such a hearing, the court will do its best to investigate the situation and determine if spending time with the parent in question would truly endanger the child. The court will examine issues such as each parent’s work schedules, living arrangements, and any history of domestic violence, mental health issues, or substance abuse.