Legal Question in Family Law in Illinois

My spouse is divorcing me, but has not filed yet. We have verbally agreed what property we will be taking away from the divorce. He also agreed to move out and to pay the rent until our lease is up in a few months. However, I would like to make sure this agreement is binding. Are there any forms/documentation or procedures available I can use to make our agreements contractual?


Asked on 1/03/15, 10:59 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You and he need to sign what is called a marital settlement agreement. It is a contract between the two of you setting forth the terms of your agreement. As to custody and other issues regarding minors, it must be approved by a court to be binding, but as to other issues between yourselves, it is a binding contract, unless it contains unconscionable terms - such as a waiver of maintenance by a non-working spouse in a long term marriage.

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Answered on 1/04/15, 7:26 am


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