Drafting Tips For Marital Settlement Agreements Page 2
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4HINTS & EXAMPLES:
1.
Draft Defensively
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Remember Your Audience (It is Not Just Your Client)
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Think of What Can Go Wrong
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Think About the Post-Decree Calendar
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Ambiguity is your Foe
Each of the parties has had the benefit of advice, investigation and
recommendations with reference to the wealth, property, estate and
income of the other, both directly and through the furnishing of complete
financial data to counsel, and that each has been fully informed of his and
her respective rights and obligations in this matter, and that each is
otherwise aware and cognizant of all of the property and income
possessed by the other and the value thereof.
Each of the parties has had the benefit of advice, investigation and
recommendations with reference to the wealth, property, estate and
income of the other. Each party avers that they have each fully disclosed
all of their assets, liabilities, income and expenses which are all fully and
accurately set forth within this Agreement. Each party has been advised
that they each have the right to pursue further discovery of these matters
but they have each respectively advised their counsel to forego any such
further investigation into these matters.
2.
Don’t be Married to the Form
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Are the Facts Consistent with the Form
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Do you Need this Paragraph
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Boiler Plate Language Needs Review
ARTICLE #
HEALTH INSURANCE FOR SPOUSE
#.#.
The Husband shall cooperate with the Wife to assist her in
obtaining a continuation and conversion of the existing health and
hospitalization insurance to a separate policy issued on her behalf
pursuant to the provisions of the Illinois Spousal Health and
Insurance Rights Act of 1985 (SHIRA), and/or the Consolidation
Omnibus Budget Reconciliation Act (COBRA). The Husband shall
obtain and execute all documents necessary to obtain said
continuation and conversion. Upon obtaining said separate policy,
the Wife shall be solely responsible for the payment of the
premiums.
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