- Firm Overview
- Practice Areas
- Family Law Victories
- Personal Injury Victories
- Info Center
Final Reason 10: Your oral agreement with your spouse is not worth the paper it is printed on.
Frequently you may trust your spouse, but not when there is money on the table or a divorce is in the air. Agreements made by a spouse verbally may not be adhered to when divorce takes place.
Statements made by your spouse to pay your support, expenses or "take care of you" after the divorce out of reassurance, guilt or anger which you would like to bring up in court most likely will not be a binding contract that a divorce judge will enforce. On the other hand, you and your spouse can make valid written agreements that will be upheld by the divorce court.
You can make postnuptial agreement (after the marriage) with your spouse in Illinois that divorce courts in will recognize and enforce. An example would be a provision that a marital asset can be made a non-marital or separate asset expressly by written agreement as per statute [750 ILCS 5/503(a) (4)]. Alternatively, you can make written separation agreements if you are living separate and apart and continue to do so before the divorce.
Oral agreements are very difficult to prove in divorce. It is a gamble whether any form of oral or verbal agreement between husband and wife will be enforced by your divorce judge.Therefore, it is particularly crucial to choose a lawyer who has had a long and successful career in practicing divorce law and of drafting marital settlement agreements, prenuptial agreements, postnuptial agreements, or separation agreements.
A good divorce lawyer has a working knowledge and experience in Illinois divorce law in the same way a highly trained medical doctor has of that area of medicine he practices.
Our divorce lawyers at Martoccio & Martoccio have had many years of experience in the practice of Illinois divorce law representing clients of all economic and social levels in complex and simple divorces. We have drafted tens of thousands of divorce related agreements. Call us for free consultation. 630-920-8855
While the consultation itself may be free to you, the advice that we give has been earned by us over many years of practice and experience in Illinois divorce law. Contact our experienced Hinsdale divorce lawyers today.