Illinois Postnuptial Agreement Template

An Illinois postnuptial agreement is a legal document that allows married couples to determine how marital property will be divided in the event of a divorce or death. Unlike prenuptial agreements, which are signed before marriage, postnuptial agreements are signed after the couple has already wed.

Illinois courts will enforce a postnuptial agreement if it is entered into voluntarily and deemed fair and equitable. However, if the agreement is found to be unconscionable, it will not be upheld. Furthermore, courts may choose to disregard or modify parts of a postnuptial agreement if doing so is necessary to achieve a fair outcome.

Legal Considerations

750 ILCS 5/503(a)(4) governs aspects aspects of marital and domestic relations, including postnuptial agreements.

• Signing Requirements: Both parties must sign the agreement. (In re Marriage of Richardson (1992))
• Dividing Property: Equitable division. (750 ILCS 5/501)

Understanding Postnuptial Agreements in Illinois

Burden of Proof

• In Illinois, a postnuptial agreement must be entered into voluntarily and without coercion to be upheld.
• The agreement must be conscionable at the time of enforcement, meaning it shouldn’t be excessively unfair to one party.
• Full disclosure of assets and liabilities is required, or the right to disclosure must be knowingly waived.
• Both parties should have access to independent legal counsel, or the opportunity for such must have been available before signing the agreement.

Marriage and Divorce

Separation Agreements

• Illinois law permits spouses to create agreements post-marriage.
• These agreements can cover property distribution, maintenance, and other financial aspects in the event of divorce or death.
• The agreements must be documented in writing.
• Both parties need to sign the agreements [1] .

Spousal Support

• Spouses can agree on maintenance terms in a postnuptial agreement.
• The agreement can specify the amount and duration of payments.
• Such agreements can override the standard formulas used by courts [2] .

Asset and Property Rights

Asset Division

• Property classification (marital vs. non-marital) and division upon divorce.
• A valid postnuptial agreement can change default property division rules.
• Tailoring division to suit parties’ needs and wishes [3] .

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1. 750 ILCS 5/502. https://ilga.gov/legislation/ilcs/documents/075000050K502.htm
2. 750 ILCS 5/504. https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm
3. 750 ILCS 5/503. https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

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