(d) Oral waivers of partition rights are unenforceable. After consultation with counsel and upon payment ofthe Settlement Amount, the.The forms below are some of the most common forms used in the Domestic Relations Division, but there are many more. A waiver must be express, or very clear, but if you intend to waive a right and you agree to waive it in writing, it can be waived. All Illinois Courts must accept these forms. Such fee waiver shall be presented to the judge before whom the case is assigned. a.