Illinois Postnuptial Agreement Sample
If you`re looking for a postnuptial agreement sample in Illinois, you`re in the right place. A postnuptial agreement is a legal contract between spouses that is signed after their marriage. It outlines how assets and liabilities will be divided in the event of divorce or death.
In Illinois, postnuptial agreements are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). According to IMDMA, a postnuptial agreement must be:
– Written
– Signed by both spouses
– Notarized or witnessed by two witnesses
To help you get started, here is a sample postnuptial agreement:
POSTNUPTIAL AGREEMENT
This postnuptial agreement (“Agreement”) is made on [date] between [spouse 1 name] (“Spouse 1”) and [spouse 2 name] (“Spouse 2”) (collectively, “Parties”).
WHEREAS, the Parties were married on [date of marriage]; and
WHEREAS, the Parties desire to clarify their rights and obligations regarding property and support in the event of separation or divorce.
NOW, THEREFORE, the Parties agree as follows:
1. DIVISION OF PROPERTY
(a) Marital Property. The Parties agree that all property acquired during the marriage, whether titled in one or both names, is marital property.
(b) Separate Property. The Parties agree that all property owned by either Party before the marriage, or acquired by gift or inheritance during the marriage and kept separate, is separate property.
(c) Division of Marital Property. In the event of separation or divorce, the Parties agree to divide the marital property as follows: [insert division of property].
2. SPOUSAL SUPPORT
(a) General. The Parties acknowledge that Spouse 2 has been a homemaker during the marriage and is financially dependent on Spouse 1.
(b) No Spousal Support. The Parties agree that Spouse 2 will not seek spousal support from Spouse 1 in the event of separation or divorce.
3. AMENDMENT
This Agreement may be amended or revoked only in writing signed by both Parties.
4. CHOICE OF LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois.
5. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
[SIGNATURE BLOCKS]This sample postnuptial agreement is just a starting point – it`s important to consult with an experienced family law attorney to ensure that your agreement is enforceable and meets your needs.