An Illinois Postnuptial Agreement is a legal contract formed between a married couple when they are already in a legal partnership. This form does not apply to those that are not yet married.
The reason for creating the agreement is so to detail what will happen to any properties that are owned by the spouses. The trigger event for such action could happen if a spouse passes away or either party makes a petition for the dissolution of their marriage. The document will stipulate how the property will be shared.
The party that has decided to form this agreement should prove that the document is being signed fairly and voluntarily, without any evidence of duress. If the party fails to prove this, they could face some legal issues which could result in the agreement not being accepted.
In Illinois, the signing requirements state that both spouses are required to sign the agreement. There is no requirement for a witness or notarization. If everything is done fairly and in accordance with the laws, courts will not have any problems enforcing the agreement legally.
An Illinois Postnuptial Agreement template can be downloaded by clicking the link below.
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