A Prenuptial or Postnuptial Agreement Is Sensible Marital Planning

Posted on in Family law

Most people are familiar with the concept of a “prenuptial agreement.” A legally binding agreement between two prospective spouses, a prenuptial agreement stipulates in advance how the assets and liabilities of the soon-to-be-married couple will be distributed in the event the marriage ends in divorce. Such agreements are relatively common when there is a sizeable age or wealth gap between prospective spouses, or when children from previous unions will be brought together by the new marriage.

Despite the statistic that between 40 and 50% of U.S. marriages end in divorce, prenuptial agreements remain a rather touchy subject, perhaps because they are perceived as “unromantic” – the possible end of the marriage is the last thing one wants to contemplate prior to uttering the words “til death do us part.” Given the statistics, such a dismissive attitude is problematic. Prenuptial agreements, and their post-union counterpart, postnuptial agreements, are worth giving serious consideration to. With the assistance of an experienced family law attorney, it is possible to craft a pre- or postnuptial agreement without introducing excessive tension into a relationship. Really, it is just sensible planning.

Prenuptial and Postnuptial Agreements Are Legal Contracts

Because prenuptial and postnuptial agreements are contracts much …

Legal Issues in Illinois Adoptions of Children Born Outside the U.S.

Posted on in Family law

Adoption has been in the news more than usual of late. The reason: politics. Surprisingly, the issue of adoption is at the center of special counsel Robert Mueller’s investigation of possible obstruction of justice on the part of the current U.S. presidential administration. While some people believe that members of Donald Trump’s presidential campaign met with Russian officials with the purpose of influencing the 2016 presidential election, the administration contends that its members met with a prominent Russian attorney to discuss the issue of the adoption of Russian children.

Beyond its political dimension, this news highlights the increased complexity of situations in which adoptive parents and children are of different nationalities. In these cases, it is important to secure the services of an attorney who understands the laws surrounding international adoption.

The Hague Convention Applies to Intercountry Adoption

For a strictly domestic adoption of a child by an Illinois resident or family, the Illinois Adoption Act is applicable. However, in the case of intercountry adoption, in which a citizen of one country adopts a child from another country, one must look to both the laws of the country of which the child is a citizen and the Hague Convention.

The …