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, postnuptial agreements are signed after marriage.
Illinois courts will enforce a postnuptial agreement if it is entered into voluntarily, fair, and equitable. However, if the agreement is found to be unconscionable, it will be thrown out. Courts may disregard or modify parts of a postnuptial agreement if it 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.
750 ILCS 5/502 – Agreements During Marriage
- 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.
750 ILCS 5/503 – Disposition of Property
- 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.
750 ILCS 5/504 – Maintenance
- 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.
