A postnuptial agreement is "an important and effective tool in Illinois and should not be forgotten by practitioners," writes Chicago lawyers Joshua S. Singewald and Kellie Rose Bylica in the September ISBA Family Law Section newsletter.
As in the case of any contract, a postnup must be entered into voluntarily by the parties, and the familiar contract-law protections against coercion and mistake apply, Singewald and Bylica note. And Illinois law "require[s] a full disclosure of each party's assets and liabilities for every postnuptial agreement," allowing each "to make an informed decision."
So when would a married couple use one? "[I]f one spouse intends to start a business during the marriage, the business-owning spouse may want to protect his or her business in the event of divorce," Singewald and Bylica write. "Similarly…a spouse [who] makes a substantial non-marital contribution to a marital asset," such as making the down payment on a house, might want to assure reimbursement, they write. Postnups also enable the parties to allocate debt, deal with bequests to children of previous marriages, and even "[r]evise a prenuptial agreement based on current/changed circumstances."
Learn more about postnups in the September Family Law newsletter.
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November 15, 2017 |
Practice News
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November 14, 2017 |
ISBA News | Events
The ISBA Diversity Leadership Council will be hosting the "Count Me In" reception in conjunction with the 2017 Midyear Meeting. Join us immediately after our CLE program, Diversity and Inclusion in the Practice of Law, for this complimentary reception on Friday, Dec. 8 from 4:30 - 6:30 p.m. at the Palmer House Hilton in Chicago to connect with old friends and new acquaintances, and celebrate the diversity in the legal profession. Register for the reception online today and be part of the Movement for Inclusion. A special thank you to our premier sponsor, Lewis Rice, and our partner sponsor, Avery | Kill, LLC.
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November 13, 2017 |
Member Services
Attention ISBA email discussion-group members: As many of you know, we’re migrating from our old listserver software to a new, more powerful online community called ISBA Central. The old lists are now closed, and the following ISBA Central communities are open for business: ISBA Main Community Mentor- Mentee Ethics Café Senior Lawyers Litigation Transactional Criminal-DUI-Traffic Other groups will launch over the next few weeks. For more about the transition, visit http://central.isba.org (be sure to check the Help/FAQ page).2 comments (Most recent January 15, 2020)
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November 13, 2017 |
CLE
The word hero conjures up images of firefighters, police officers, and medical personnel aiding victims in the aftermath of a tragedy. It’s synonymous with courage, determination, bravery, and selflessness. But not all heroes burst through a smokescreen of disaster; sometimes they just go to work and do their job helping others every day. Join us in Chicago on December 8, 2017 as Joshua Greene, renowned historian and documentary filmmaker, shows us how the real life actions of noble historical figures parallel your career and the things you do every day. Discover how your calling offers the opportunity to be a hero in your own right and why maintaining honor and integrity throughout your career is so important. The seminar is a Master Series presented by the Illinois State Bar Association and qualifies for 2.0 hours MCLE credit, including 2.0 hours Professionalism, Civility, or Legal Ethics MCLE credit (subject to approval). Visit the CLE page for more information and to register.
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November 10, 2017 |
ISBA News | Events
Join the Illinois Bar Foundation at University Club of Chicago for the Fellows Breakfast honoring Justice Mary Anne Mason with the Honorary Fellows Award and Jayne Reardon and Justice James Wexstten, Ret. with the Distinguished Service to Law & Society Awards. Friday, December 8, 2017 from 7:30-9:00 a.m. The proceeds from this event will help the Foundation further its mission to ensure meaningful access to the justice system, especially for those with limited means; assist lawyers who have fallen on hard times; and provide legal Fellowships to recent law school graduates. Get your tickets online now. Thank you to our sponsors. Benefactor Sponsor: Don Tracy, Brown, Hay + Stephens Video Sponsor: Ann Hatch, Herzog Crebs LLP Sponsorships are available now!