Illinois Premarital Agreements Package

State:
Illinois
Control #:
IL-P035-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The forms describe the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce.


These forms are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.


Included in your package are the following forms:



1. Prenuptial Premarital Agreement without Financial Statements;

2. Amendment to Prenuptial or Premarital Agreement;

3. Financial Statements only in Connection with Prenuptial Premarital Agreement;

4. Revocation of Premarital or Prenuptial Agreement

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Premarital Agreement

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FAQ

Under Illinois law, what makes such an agreement unenforceable? An Illinois premarital or postnuptial agreement is usually enforceable if they are in writing and signed by both parties, but they can become unenforceable if any of the following things are true: Fraud led one of the parties to agree to the prenup.

Postnuptial agreements must be in writing. Voluntary Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally.Generally speaking, to make a postnuptial agreement valid, both parties' signatures need to be notarized.

Saving and Spending Strategies A prenuptial agreement should address the couple's future financial plans, including investment and retirement strategies. It should also cover how much income is to be paid into joint and/or separate bank accounts, and whether or not their will be any specific spending allowances.

Be in writing. Be signed by both parties of their own free will. They cannot be under duress or be pressured into signing the prenup. Be presented with full disclosure. Be fair and reasonable. Be signed by both parties before a witness and a notary.

Putting the Agreement in Writing. Identify the parties and the document. After titling the document something like Premarital Agreement, you want to identify the two parties by full, legal names and state that they are both willingly entering into the agreement. State the intent of marriage.

As long as both parties are in agreement to the terms of the post nuptial contract, and have the ability to put those terms into a legal document, most states don't make it a legal requirement to have an attorney.

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.This may also come with a will or other legal document.

A good prenuptial agreement should be fair. It should be entered into between two consenting adults who know what they are doing. The agreement should be fair when it is signed and entered into, and also fair when it is be enforced, whether in the event of a divorce or death.

Assets and Debts. A Prenuptial Agreement is a good way for you and your partner to maintain separate control over personal assets or property that you accumulated before you were together. Dependent Children. Protection of Your Estate Plan.

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Illinois Premarital Agreements Package