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Estate Planning, PreMarital, PostMarital Agreements, and Statutory Rights to Inheritance in Divorce
There may be pre-marital agreements or post-nuptial agreements with respect to which any spouse may have waived statutory rights to inheritance. In considering estate planning issues during the pendency of a divorce proceeding, the impact of any pre-marital agreement or post-nuptial agreement should be taken into consideration with respect to estate planning changes, so as not to violate any valid pre-marital agreement/post-nuptial agreement that may be in effect.
When the parties cannot reach an agreement on property division, the Illinois court will divide all the property and debts for them equitably. When a property settlement is finally reached, it must be in writing and signed by both parties.
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