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I want to know if I can create a legally binding contract…

I want to know...

I want to know if I can create a legally binding contract between myself and my wife. We live in Illinois.

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What is the cost for getting an advise

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Family Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Here is the story. My wife had an affair recently, and I asked for a divorce. She asked for forgiveness, and I'm willing but I can't bare another one.

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3/8/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 33,354
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. I am sorry to hear about what you are going through. What would you want the contract to cover?

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Customer reply replied 6 months ago
I've drafted a contract. Can you review and make it a legally binding?
Customer reply replied 6 months ago
Can you review my draft before the call?

I am sorry but the site does not allow it. You asked about creating it, so I thought you had questions about this and if it is allowed.

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Customer reply replied 6 months ago
How do I make my version legally binding?

Well what is it that you want this contract to cover and address?

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Customer reply replied 6 months ago
I'm giving 1 time forgiveness. The paper discusses asset allocation, and alimony if an affair reoccurs.
Customer reply replied 6 months ago
I just need to know how to make my contract legally binding. That's all.

You really need to use an attorney and to draft a post nuptial agreement. A postnuptial agreement is a contract signed after a couple has already gotten married. It clearly lays the groundwork for the couple's financial affairs, including how the assets will be divided if they choose to get divorced. In a postnuptial agreement, you can spell out the division of all property acquired before and after marriage. Postnuptial agreements are also useful to break down who will handle debt and how expenses will be paid. t if the agreement is done in an improper or flawed manner, it could render the document invalid. Certain information must be included and properly phrased in accordance with formal procedural details. All postnuptial agreements should be reviewed by an experienced attorney, who is independent of the attorney of your spouse, to confirm that it has your best interests in mind and protects your rights.

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Customer reply replied 6 months ago
We've come to an agreement. We just have to enforce it.

Yes, that is fine but you each should be represented by an attorney and have it reviewed. If not, it could be contested and challenged if you divorce. If you do not want to do that, you can both sign it and use it, if needed but ideally, it would not come to that.

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Customer reply replied 6 months ago
In other words, we have to get a lawyer to create a postnuptial agreement?

Yes, if you want to protect your interest, it is certainly in your best interest, to make sure this is properly worded and executed and everyone knows what rights and interests they may be giving up

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Customer reply replied 6 months ago
Will your company be able to create a legally binding postnuptial agreement for us?

I am sorry but the site does not provide legal representation.

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Customer reply replied 6 months ago
Oh, okay. Thank you.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 33,354
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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