Unconscionable Divorce Agreement

In its decision of August 19, 2015 in Hof/. The Court, the second division, dealt almost objectively with a number of hanging issues and before marital agreements. You can avoid your agreement being dismissed as unacceptable by working with an experienced naperville family lawyer. Contact the Pesce Law Group, P.C., to agree on a free consultation with a professional who understands the law. We work with you to develop a transaction contract that meets your legal needs and requirements. Call 630-352-2240 for an appointment. Before the final divorce decree is passed, the court must approve your transaction agreement. With regard to matters that have nothing to do with parental obligations, periods of education or custody of children, the court must include the agreement in the decree, unless the terms of the agreement are deemed unacceptable or too unilateral. For example, if, for whatever reason, you have submitted a signed agreement to the court granting your spouse 100% of the matrimonial estate without valid justification, the agreement is unlikely to be approved. As you know, this company represents your spouse, in an ongoing marital action. In accordance with _____haben you have reached an agreement on all matters related to the dissolution of your marriage, including, but not only on child support, child care, fair distribution of assets and debts and legal fees. Based on my discussions with your – on the terms of this agreement, I have prepared a draft real estate transaction contract in accordance with your agreement, as presented to me by your spouse. Attached is a copy of this agreement.

As you approach the divorce process, you and your ex-spouse may have already covered most of the details. It is not uncommon for a couple, if you prefer, to be „pre-negotiated“ with respect to the various considerations required even before the divorce application is filed. For the vast majority of cases, this is a good thing and a much less stressful alternative to a long and lengthy legal dispute that both parties can feel the effects for years to come. However, for some couples, their negotiated agreement may not meet Tribunal standards and may be rejected on the grounds that it is unacceptable. It is important to understand what this means so that you are prepared to avoid such a court response. While you certainly don`t need to be a lawyer to get a reasonable deal with your spouse, this helps to have a fundamental understanding of what divorce laws require of Illinois. This applies in particular to the interests of the sharing of real estate and the maintenance of the spouses. A negotiated agreement does not necessarily have to stick to every provision of the corresponding legislation, but understanding what the law considers fair and just is a good place to start.

From there, you and your ex can create virtually any type of colony you want as long as it`s reasonably fair to both parties and your kids. Just because an agreement between spouses divides assets unevenly or unilaterally does not mean that the agreement is unacceptable. In its decision of 23 November 2016 in Gardella v. Remizov, the second division confirmed a poorly executed 2002 agreement on the basis of ratification and a 2006 agreement that was supposed to be unacceptable, but referred the matter to the court for financial information and investigation to review the 2010 separation agreement.