Knowledgeable Attorneys Drafting Post Nuptial Agreements

Post Nuptial Agreements are agreements made between spouses during the marriage. Unlike Premarital Agreements, which are authorized by the Illinois Premarital Agreements Act, there is no specific statutory authorization for Post Nuptial Agreements. The Illinois Marriage and Dissolution of Marriage Act however does include language that states "To promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into a written or oral agreement containing provisions for disposition of... property... maintenance... support, custody and visitation..." The act also defines non-marital property as "property excluded by valid agreement of the parties". The question arises whether or not these provisions apply to Post Nuptial Agreements. Some Post Nuptial Agreements have been held invalid because of over reaching, undue influence and other factors. That is not to say that parties to a marriage are not able to enter into a valid an binding Post Nuptial Agreement, even if no divorce is pending, however, great care must be taken to insure that a court in the future will uphold the agreement.

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