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Chicago Divorce Attorney Molly E. Caesar Outlines How Illinois Courts Treat Postnuptial Agreements in High-Asset Divorce
Spouses who sign postnuptial agreements after marriage face stricter legal standards than those who sign prenuptial agreements, especially in cases involving high-asset estates with businesses or investments.
Postnuptial agreements in Illinois are governed under general contract law and the Illinois Marriage and Dissolution of Marriage Act, requiring consideration for enforceability, unlike prenuptial agreements.
Illinois courts require full financial disclosure and voluntary signing for postnuptial agreements, applying heightened scrutiny in high-asset cases.
Postnuptial agreements can classify assets such as business interests and inheritances as separate property but may be challenged for fraud, duress, or incomplete disclosure, with the challenger bearing the burden of proof.