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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 and Gordon, LLC, a family law practice in Chicago, and has extensive experience conducting settlement conferences and drafting marital settlement agreements, parenting agreements, and prenuptial and postnuptial agreements. Mr. Gordon was named a Litigator of the Year by the American Institute of Trial Lawyers in 2020 and has been recognized for more than ten consecutive years by Illinois Super Lawyers magazine as one of the Top Young Lawyers in Illinois and as one of the Ten Best Attorneys in Illinois for Client Satisfaction by the American Institute of Family Law Attorneys. In 2011, he was honored with IICLE’s inaugural Rising Star Award. He has been quoted as a legal expert in Money Magazine, Fast Company, VICE News, and Good Morning America, among others, and has appeared as a legal commentator on NBC, Fox, and other local, national, and international news networks. Mr. Gordon received his B.A. from the University of Iowa and his J.D. from Chicago-Kent College of Law.
Prenuptial and Postnuptial Agreements (ARCHIVED 2014 EDITION)
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