Legal Question in Family Law in Illinois

My husband and I are not divorcing but we have agreed to live separately and apart from now on. Therefore, we also have agreed to divide our property among ourselves. I have drafted the property settlement agreement document so both of us could sign. But the question that I would like to know here is if my husband and I have to sign every single page of that agreement document or we just need to sign only at the end of the document and have it notarized by a public notary. Do I need witnesses for the agreement document as well? Thank you.


Asked on 2/25/11, 10:11 pm

1 Answer from Attorneys

Wow - I urge you to reconsider. A simple signed contract does not provide nearly enough financial protection for you. If for some reason you wish to stay married, I urge you to get a judgment for legal separation (this is a court order something like a divorce decree). Here are some of the problems with remaining married (at least financially) if you don't really want to be married: you could be responsible for your husband's medical care and support should he become disabled; you might be responsible for certain of his other debts; he could damage your credit rating; you cannot marry anyone else (obviously); you may be on the hook for tax liability incurred by your husband with the IRS; and as long as you remain married any money you earn or property you acquired can be considered marital property (did you hear about the recent big lottery winner? She may have to split the winnings with her husband whom she has not seen for years! So - before you enter into this settlement agreement - I urge you to contact a divorce lawyer for advice. Even a one hour consultation could save you from substantial trouble.

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Answered on 2/26/11, 1:52 pm


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