Copy And Paste In Legal Illinois Postnuptial Forms For Free

Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.

As long as your agreement fulfills California's legal requirements, the courts will consider it valid no matter how long you have been married. In fact, postnuptial agreements are most common among couples who have been married for years, as they understand better how much each party has to gain or lose.

In Illinois, existing agreements, including postnuptial agreements, are used as the basis for property division as long as they're fair. That means that a judge has the power to disregard or change parts of the postnuptial agreement if it's deemed necessary.

While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended. There are pros and cons to writing your own postnup and why you might benefit from an attorney's input.

We strongly recommend that both parties consult a lawyer before signing a postnuptial agreement, although this is not expressly required by Illinois law. In addition, full disclosure of assets should be made by both parties.

A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent. (We have seen agreements that have a provision for child support, but it is not enforceable.