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Illinois Postnuptial Agreement

An Illinois postnuptial agreement is a legal document that lets couples determine the distribution of marital property if their marriage ends in divorce or death. Unlike a prenuptial agreement, which is signed before a marriage begins, a postnuptial agreement is signed after a couple marries.
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Signing Requirements

Both parties must sign the agreement.[1]

Laws

Marital Property: Property excluded by a valid agreement of the parties, including a postnuptial agreement, is considered “non-marital property.”[2]

Adequate Consideration: Marriage itself is sufficient consideration for a valid postnuptial agreement:[3]

Duress: Duress may be enough to render an agreement between spouses unconscionable. Duress includes

  • Oppression
  • Undue influence, or
  • Taking undue advantage to the point where another cannot exercise free will.

Evidence of duress must be clear and convincing before a court may set aside a postnuptial agreement.[1]