Marital property that would, normally, be divisible can become non-marital and, thus, non-divisible in an Illinois divorce. “If the parties decide to settle their property rights by mutual agreement rather than by statute, they are bound to the terms of their agreement.” In re Marriage of McLauchlan, 2012 IL App (1st) 102114, ¶ 21.
If the terms of a potential divorce are not set in advance, the terms of the potential divorce will be the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/et al. When divorce is a possibility (but not a certainty), it may be a good idea to set the terms of that divorce in advance via contract. Why A Postnuptial Agreement Can Be A Good Idea In Illinois In Illinois a contract is “an agreement between competent parties, upon a consideration sufficient in law, to do or not to do a particular thing.” People v. “To promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into an agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, support, parental responsibility allocation of their children, and support of their children” 750 ILCS 5/502(a) 2019).Īgreements happen between couples before a divorce is finalized all the time…and Illinois courts will acknowledge them. How does a postnuptial agreement work in Illinois?Ī postnuptial agreement is “an agreement entered into during marriage to define each spouse’s property rights in the event of a death or divorce.” Black’s Law Dictionary (11th ed. Often, parties will look to a postnuptial agreement (also known as a “postnup” or an antenuptial agreement) as a way to delay divorce and set new terms for an eventual divorce. There must be some kind of half-measure, some kind of remediation in between marriage and divorce. However, the status quo of living in misery and distrust cannot remain either. Divorce changes everything in both parties’ lives and in their children’s lives.
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