Many modern couples enjoy the security of a strong prenuptial agreement. Prenuptial or postnuptial agreements can secure each spouse’s separate property or govern how marital property is to be divided in a divorce. For some, a legally sound prenuptial agreement can make the divorce process more expedient and less stressful. There may be very little property or money not governed by the agreement, making any negotiations of this nature generally brief. However, prenuptial and postnuptial agreements cannot settle the totality of the issues in each divorce case. The allocation of parenting time and parental responsibility cannot be predetermined by agreement. Further, a prenuptial or postnuptial agreement may disproportionately disfavor one party, leading to questions of enforceability. If you have a prenuptial agreement and are getting divorced, it is important to consult with a lawyer to learn more about how your contract will affect your divorce. 

Child Custody Issues Must Still be Determined

Illinois fiancés or spouses are not permitted to use their prenuptial or postnuptial agreements to predetermine child custody issues in the event of the divorce. The policy purpose here is to protect children’s best interests. A decision made years in advance - often concerning a child who does not yet exist - may not be what is best for the child. Parents must either make an agreement at the time of divorce or allow the court to decide the issue in the best interests of the children.

Some Property May Not Be Addressed

It can be difficult or impossible to predict what type of marital property you and your spouse will acquire throughout the duration of the marriage while you are still engaged or newly married. There is a substantial likelihood that there exists marital property not controlled by agreement. Any marital property falling outside the scope of the agreement will need to be divided equitably. 

Being married to a narcissist can feel like being caught in the web of a spider. Often, narcissists are skilled at hiding their narcissistic traits from outsiders, and they may even appear charming and polite to those who do not know them as well as their spouse would. Or, your friends and family may have quickly come to comprehend the true nature of your spouse. Indeed, social supports are of vital importance while you are in the process of undoing your marital entanglements with your narcissist spouse. There may be significant challenges on your path to a divorce decree, particularly if your spouse is displeased at being served with divorce papers. 

You and your attorney must proceed with a high level of caution, as narcissists are prone to engaging in a variety of unfair or unreasonable divorce tactics. Throughout the duration of divorce proceedings, you may encounter hurdles placed by your spouse. Securing high-quality representation should be a high priority. 

Helpful Divorce Tips for Those Married to Narcissists

While terminating your marriage to a narcissist is generally an excellent step toward a life free from abuse and improved emotional well-being, the proceedings leading up to a final decree can be difficult. Tips you may find helpful include: 

Divorce litigation can be a stressful affair. The hearings may go on for weeks or even months depending on the particular issues of the case. Those going through a high-asset divorce may be in and out of the courtroom for more than a year. Substantial evidence may need to be gathered, including financial records, bank statements, deeds, and more. Litigation is not an expedient method of divorce. The unpleasantness and inconvenience of litigating a divorce drive many spouses, including those who are far from amicable, to resolve their divorces through the use of cooperative divorce techniques such as mediation. 

However, settling divorce issues by mutual agreement is not always an achievable outcome. Although your spouse cannot prevent you from divorcing them, they can force a trial by refusing to sign an agreement. If you have any reason to suspect that your divorce will go to trial, it is critical that you involve a skilled attorney with courtroom experience from the outset of proceedings. 

Factors Suggesting that Litigation Is Appropriate

Wanting to express your side of the story, disparage your ex, or ensure that the fault in the breakdown of the marriage is completely placed on your spouse are not generally good reasons to proceed straight to litigation. Even if your spouse was abusive, an attorney may be able to negotiate with them or their attorney on your behalf to avoid litigation and allow you to begin building a new life more quickly. 

Divorce can be complicated even for spouses who share very little marital property. When part of your marital or shared property is a business, ownership interests and other rights regarding the business will need to be divided in an equitable manner. There are a lot of considerations that must be taken into account when dividing a business incident to high-asset divorce. For example, you may consider whether one of you owned the business solely prior to marriage, or if one of you does a majority of the work in managing the company’s day-to-day operations.

Business valuation is likely to be an important step in the process so that both parties - and the court, if need be - are fully informed. While each situation is different, some spouses find it better to negotiate and work out how the business is to be divided amongst themselves with assistance from their attorneys. It is important to work with an attorney who has experience helping business owners get divorced. 

Tips for Equitably Dividing Interests in a Joint Business Venture

There is a multitude of considerations that may go into equitably dividing a shared business. You may want to consider: 

In a recent blog, we talked about what to expect from divorce litigation. Taking a divorce case to court is certainly not everyone’s first choice. There may be an easier, quicker, and less costly way to resolve your divorce. Modern spouses have options like mediation and attorney-facilitated negotiation that may lead to an out-of-court settlement.

If you and your spouse are able to come to an agreement on each issue in your divorce, then you can file for an uncontested divorce. Courts will generally approve these agreements and finalize your divorce rather quickly. It can also be easier on the kids if their parents are able to work things out. Children generally have no involvement in the collaborative divorce process whereas in divorce court, they could be placed in the middle of the conflict. You do not even need to have direct contact with your spouse using some methods. 

Resolving Your Divorce Without Going to Court

Many spouses initially think that they are too much in conflict to come to an agreement, only to discover that these techniques are more effective than they thought. There is no real reason to rehash old disputes with your spouse or review the reasons you are getting divorced in most cases. A few of the techniques that may work for you and your spouse include: