If you and your spouse decide to handle your divorce without going to court, the majority of the process will be focused on negotiating the terms of your Marital Settlement Agreement. This is the document that will establish your respective rights and responsibilities once your marriage is over. Marital Settlement Agreements have several key terms, and while your divorce lawyer will prepare your Marital Settlement Agreement for you, it will be important for you to have a clear understanding of the terms to which you are agreeing.

Every couple’s circumstances are different. The terms of your Marital Settlement Agreement should be unique to your circumstances, and they should provide clarity for the years ahead. With this in mind, the following is a general overview of 10 key types of provisions in a typical Marital Settlement Agreement in Illinois:

1. Grounds for Divorce

Illinois is a “no fault” divorce state. This means that spouses can choose to get divorced for any reason, and, regardless of why they choose to get divorced, the legal basis for their divorce will be “irreconcilable differences.”

Even though this is largely a formality, it is important to state the grounds for your divorce (i.e., “irreconcilable differences”) in your Marital Settlement Agreement. This will confirm that your divorce complies with Illinois law, and, in turn, this will make it easy for the judge to finalize your divorce.

2. Income and Asset Disclosures

To ensure that both spouses are able to make informed decisions during the divorce process, both spouses should fully disclose their income and assets at the outset. Typically, a Marital Settlement Agreement will include a provision that states that both spouses have made these disclosures. Not only will this help ensure that each spouse meets his or her disclosure obligations, but in the event that one spouse attempts to conceal income or assets during the divorce, this provision will provide important protections to the other.

3. Spousal Support (Alimony or Maintenance)

All Marital Settlement Agreements should include provisions regarding spousal support. In some cases, this will be as simple as stating the spouses have agreed that no spousal support will be paid. When divorcing spouses agree to spousal support (which may also be referred to as alimony or maintenance), their Marital Settlement Agreement should clearly state the amount, method, and duration of the payments to be made, as well as the terms (if any) under which spousal support may be modified.

4. Property Division

All Marital Settlement Agreements should also include provisions regarding the division of the couple’s property. In Illinois, couples’ marital property is subject to “equitable distribution” during the divorce process. A typical Marital Settlement Agreement will state that the parties have agreed to an equitable distribution of their marital property, and it will list the assets that each spouse will keep after their divorce.

5. Debt Division

Along with dividing their marital property, divorcing spouses in Illinois must also divide their marital debts, and this should also be clearly addressed in their Marital Settlement Agreement. The agreement should clearly state which debts each spouse will be responsible for paying after their divorce, and if the spouses will use any of their marital assets to pay off any of their debts during the divorce process, this should be clearly addressed in their agreement as well.

6. Future Liabilities

Since divorcing spouses must sign their Marital Settlement Agreement before finalizing their divorce in court, there will be a brief period of time during which their Marital Settlement Agreement will be in effect while they are still married. To prevent either spouse from incurring any debts for which both spouses may be legally responsible at this stage, Marital Settlement Agreements will typically include a provision that prohibits either spouse from incurring any additional joint liabilities.

7. Child Custody and Support

For divorcing spouses who have minor children, addressing child custody and child support will be key aspects of the divorce process as well, and these should also be thoroughly addressed in the spouses’ Marital Settlement Agreement. Alternatively, divorcing parents may develop a comprehensive Parenting Plan that they attach to their Marital Settlement Agreement (and that is also legally binding).

8. Entire Agreement

After addressing the more substantive aspects of the couple’s divorce (i.e., spousal support, property and debt division, and child-related matters), a typical Marital Settlement Agreement will include several more technical provisions as well. One of these is an “Entire Agreement” provision, which states that neither spouse is relying on any promises, representations, or expectations that are not explicitly stated in their contract.

9. Modification

Another common technical provision in Marital Settlement Agreements is a provision that addresses how and when the agreement can be modified. This is critical not only for providing certainty that the spouses can rely on the terms to which they have agreed, but also for specifying the process for seeking a modification if necessary.

10. Dispute Resolution

Finally, Marital Settlement Agreements will also typically include dispute resolution provisions that address what happens if either party violates the terms of the agreement. These provisions generally focus on facilitating a cost-effective resolution as quickly as possible. For example, many Marital Settlement Agreements will state that if the parties cannot resolve their dispute on their own, then they will need to go to mediation instead of taking their dispute to court.

Again, these are just some of the key provisions in a typical Marital Settlement Agreement in Illinois. Your Marital Settlement Agreement may contain a variety of other terms, and it will be critical to ensure that all of the terms of your Marital Settlement Agreement are custom-tailored to the circumstances of your divorce. If you have decided that it is time to bring your marriage to an end, we encourage you to contact us for more information.

Schedule a Free Initial Consultation with Gurnee, IL Divorce Attorney Deanna J. Bowen

Do you need to know more about the divorce process in Illinois and the terms you can (and should) include in your Marital Settlement Agreement? Gurnee, IL divorce attorney Deanna J. Bowen can explain everything you need to know, and she can help you navigate the divorce process with your long-term best interests in mind. To get started with a free initial consultation, please call 847-306-3204 or contact us online today.