Legal Question in Wills and Trusts in Illinois
My wife and I want to cancel our prenup. It states on the document that the "agreement may be cancelled in writing upon mutual agreement by the parties." Is it as simple as writing a memo having it notorized> do we have to file it somewhere?
1 Answer from Attorneys
The document can be very simple and it does not need to be filed anywhere. However, I recommend that you have it prepared by an attorney for a number of reasons including, but not limited to:
1) your inexperience in drafting such documents, which may eventually need to be reviewed by a Court,
2) the complexity involved in an average prenup, and how you may need to gather other items in order to draft this cancellation correctly, and
3) by involving an attorney, you will both be more easily able to show that the agreement to cancel the prenup was not due to duress or undue influence.
There are other reasons, but these stick out to me at this time. Feel free to call me to discuss this further. I never charge for introductory phone calls.
I'm often in Northbrook and would be happy to provide all services at your residence.
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