Tag Archives: reconciliation

IL divorce lawyerMany people are familiar with premarital agreements, also sometimes called prenups. It is understandable that couples enter into these contracts prior to marriage to protect their assets in case of divorce. However, postnuptial agreements cause a little more confusion because people often wonder why a couple would need a contract after they are already married. Below are some of the most common reasons couples create postnuptial agreements.

No Time for a Prenup

Sometimes a couple knows that they would like to create a premarital agreement prior to the wedding, but they simply run out of time. Planning a wedding takes a lot of time and sometimes, a prenup is one task that just never gets done. Or, the couple may want to protect their assets, but they also do not want to think about divorce during one of the happiest times of their life. When either of these is the case, the spouses may choose to create a postnuptial agreement once they have settled into a life together.

The Couple is Working on Reconciliation

In many cases, divorce starts to look like a very real possibility in a marriage and the spouses are not protected by a prenup. In these situations, there has been a serious breakdown of the marital relationship, but at least one spouse may want to try to work out the issues. As a condition of attempting to work things out, one spouse may want to create a postnuptial agreement first.

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legal-separationFor those Illinois citizens who are not quite ready for divorce but need time to contemplate the future status of their marriage, legal separation may be an alternative. Under Section 402, Part IV of Illinois Public Law, 750 ILC, legal separation is defined as any person who is currently living apart from his or her spouse but maintains the right to reasonable support and maintenance while doing so.

Although this may sound similar to an adult timeout from marriage, those opting for this recourse must first seek a court sanctioned legal separation by meeting specified legal criteria.

Obviously, the couple must live physically apart from each other as the petitioner must prove he or she is not primarily responsible for the separation. It is also noted that one spouse must document Illinois residency to achieve judicial oversight.

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