RSSOctober, 2014 - Chicago Illinois Family Law Blog Archive
Same-Sex Marriage & Prenuptial Agreements: Items of Note
Following a Supreme Court ‘punt’ earlier in the month, a ban on same-sex marriage has been struck down in six additional lower courts – bringing the total number of states to ratify the action to 32. The federal government now recognizes unions between same-sex couples in Colorado, Indiana, Nevada, Oklahoma, Utah, Virginia and Wisconsin; as a result, federal and state benefits will finally be extended to couples living in those states.
Which raises the question that so many couples consider prior to entering into a union – how will my benefits and overall financial stability be impacted if we divorce? Now that same-sex marriages are finally on equal footing as their heterosexual counterparts in the State of Illinois, are there any particular economic considerations that should be documented in a prenuptial?
Prenuptials Signed Under Duress or Coercion
When it comes to highlighting the need for a focused, well-executed and thoroughly acknowledged prenuptial agreement, you need only look to the current high-profile proceedings between Citadel CEO, Ken Griffin and his wife Anne Dias-Griffin.
Beginning in July of this year, Mr. Griffin filed to dissolve his 11-year marriage in Illinois state court, citing irreconcilable differences between the two. Mr. Griffin also asserted the couple’s prenuptial agreement outlined the final terms of the divorce and, in fact, it has been actively utilized since the start of their marriage.
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