Legal Question in Family Law in Illinois

My wife wrote a post-nuptial agreement herself right after we were married. She took the format to write the agreement from something she got on the computer. We both signed it, & it was notarized. The post-nup was written, & signed a few weeks after we were married. We have been married for a little over 4 years now, but now getting a divorce. The post-nup was never reviewed by an attorney, or written by one. My question is it even legal?


Asked on 12/15/11, 1:30 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Could be legal. Depends on its terms and the consideration for the agreement. Should be reviewed by a competent family law attorney.

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Answered on 12/15/11, 1:41 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Agreed. Most likely is legal unless certain specific terms are against public policy for some reason. You admit to signing it, you had it notarized and apparently at the time you agreed to it.

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Answered on 12/15/11, 1:49 pm


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