Legal Question in Family Law in Illinois
self written post nuptial
is a self written post nup agreement a valid piece of document in the event of a divorce if both spouse's signatures are there. if so, should a notary of republic be involved in this. sorry but my husband is cheap, hence the self-written agreement instead of lawyers. thanks.
1 Answer from Attorneys
Re: self written post nuptial
Being self-written isn't the problem. It MAY be valid (and you don't require it to be notarized), however, the bigger problem is that a postnuptial agreement is difficult to enforce. Courts will look at postnuptials to see if they are written in anticipation of divorce. If one party can show the court that it WAS, then the court is unlikely to enforce it.
Hope this helps! If you have any further questions, please do not hesitate to contact me directly at [email protected].
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