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List of Forms by Chapter - Chapter 1 — Initial Client Intake
- Chapter 2 — Negotiating and Drafting the Contract
- I. [2.1] Introduction
- II. [2.2] The Point
- III. [2.3] Negotiation Process
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IV. The Basics - V. [2.9] Purpose(s) of the Agreement
- VI. [2.10] Third-Party Influences
- VII. [2.11] Moneyed vs. Non-Moneyed Party
- VIII. Same-Sex Couples
- IX. [2.24] Signing the Contract
- X. Potential Conflicts of Interests
- XI. [2.27] Withdrawing Your Representation
- Chapter 3 — Enforcement
- I. [3.1] The Basics
- II. Common-Law Enforcement of Prenuptial Agreements Executed Before January 1, 1990
- [3.2] Contract Law Governs
- [3.3] Condition of Penury
- [3.4] Waivers of Permanent Maintenance
- [3.5] Waivers of Temporary Maintenance
- [3.6] Disclosure and Knowledge of the Other’s Estate
- [3.7] Presumption of Concealment
- [3.8] Constructive Knowledge
- [3.9] Fraud, Duress, and Coercion
- [3.10] Fraud
- [3.11] Duress and Coercion
- [3.12] Proximity to Marriage
- [3.13] Threat of Lawsuit
- [3.14] Marriage Conditioned on Executing Agreement
- III. [3.15] Illinois Uniform Premarital Agreement Act Standards for Enforcing Prenuptial Agreements
- [3.16] In Writing and Signed by Both Parties
- [3.17] Consideration
- [3.18] Amendments and Revocations
- [3.19] Substance of the Agreement
- [3.20] Void Marriages
- [3.21] Statutory Enforcement
- [3.22] Voluntariness Pursuant to 750 ILCS 10/7(a)
- Unconscionability
- [3.23] In General
- [3.24] Procedural and Substantive Unconscionability
- [3.25] Substantive Unconscionability
- [3.26] Constructive Knowledge
- [3.27] Procedural Unconscionability
- Maintenance Waivers
- [3.28] In General
- [3.29] Duty To Support During Marriage
- IV. [3.30] Postnuptial Agreements
- V. Contract Remedies and Defenses
- Chapter 4 — Estate and Tax Planning Considerations
- I. [4.1] Introduction
- II. [4.2] Statutory Authority
- III. [4.3] Intestate Rights
- IV. Surviving Spouse’s Award and Elective Share Rights
- V. [4.6] Federal Gift and Transfer Taxes
- VI. [4.7] Federal Estate Taxes
- VII. [4.8] Real Estate Transfers
- VIII. [4.9] Trusts
- IX. [4.12] ERISA Qualified Plans
- X. Maintenance
- XI. Same-Sex Couples
- XII. “Stale” Estate Plans
- Chapter 5 — Ethical Considerations
- I. [5.1] Introduction
- II. Dual Representation
- [5.2] In General
- [5.3] By Agreement
- [5.4] When To Withdraw
- [5.5] Conflict of Interest —Attorney’s Business or Family Relationship
- [5.6] Factors To Determine Appropriateness of Dual Representation
- [5.7] Is Consent to Dual Representation Appropriate?
- [5.8] When To Require Opposing Party To Obtain Counsel — No Dual Representation
- [5.9] Attorney-Client Privilege
- [5.10] Duty to Former Clients
- [5.11] Two Lawyers at the Same Firm
- III. [5.12] Attorney Acting as Mediator
- IV. [5.13] Representation in Litigation
- V. [5.14] Unrepresented Parties
- VI. [5.15] Last-Minute Agreements
- Chapter 6 — Forms
- Mitchell B. Gordon
Mitchell B. Gordon
Mitchell B. Gordon is a Founding Partner of Bradford & Gordon, LLC, a family law practice in Chicago. He approaches his cases with the goal of problem-solving through the understanding that each client has a unique set of circumstances, and he works closely with his clients to find reasonable and practical solutions. In addition to his litigation experience, he has expertise conducting settlement conferences, drafting marital settlement agreements, parenting agreements, and prenuptial and postnuptial agreements. Furthermore, he is a skilled appellate advocate, having litigated numerous family law cases at the appellate court level. In 2009, he was recognized as one of 40 Illinois Attorneys Under 40 to Watch by Chicago Lawyer Magazine. His commitment to excellence was also recognized for ten consecutive years starting in 2008 by Illinois Super Lawyers magazine when he was named a Rising Star as one of the top young lawyers in Illinois. In 2011, he was honored with IICLE®’s inaugural Rising Star Award. In 2013, he was distinguished as one of the Ten Leaders of America’s Experienced, Accomplished Professionals Under 45. In 2016, 2017, and 2018, he received the prestigious honor as one of the Ten Best Attorneys in Illinois for Client Satisfaction by the American Institute of Family Law Attorneys. He teaches continuing legal education courses to other practitioners on various areas of family law. He has presented lectures about child support, the use of social media in litigation, parental alienation, contribution to college education, the determination of income in divorce, removing children from the state of Illinois, bankruptcy and divorce, dissipation of assets, child support enforcement, ethics, prenuptial and postnuptial agreements, same-sex marriage, and nontraditional visitation arrangements. He has co-hosted the popular television show Let’s Talk Justice! on Chicago’s CAN-TV Network. On the show, he discussed a myriad of legal topics of public concern while answering live telephone calls. He also regularly appears as a legal commentator on NBC, Fox, WCIU, and other local news networks. Mr. Gordon received his B.A. from the University of Iowa in 1997 and his J.D. from Chicago-Kent College of Law in 2001.
Prenuptial and Postnuptial Agreements (ARCHIVED 2014 EDITION)
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