As a rule, an informal hearing is held, during which the judge asks fundamental questions and whether each party understands the agreement and voluntarily chooses to sign it. As long as the judge is satisfied that the agreement was negotiated fairly and that the terms clearly do not favour one spouse over the other, the settlement agreement will almost always obtain the court`s agreement. Our divorce agreement offers you the most comprehensive protection, while giving you the flexibility you need. Once the agreement is established, both parties must confirm their consent in writing and have your signatures attested in order to make them legal and binding. Assets and debts must be defined and distributed, an educational plan including custody and visits should be included and agreed, and finally, alimony and family allowances should be defined and agreed. (For example: www.illinoiscourts.gov/forms/approved/divorce/divorce.asp has forms as well as instructions for those who want to divorce in Illinois.) As with any legal agreement, you must first indicate the full names of the parties involved in the agreement. In this case, it`s you and your spouse. If you are able to enter into a marital agreement before going to court, a divorce lawyer or mediator can establish the agreement and submit it to the judge who checks the terms and ensures they are fair and equitable. The judge may ask questions of either party to clarify and ensure that everyone agrees. In the absence of a divorce investigation, the judge does not have the opportunity to decide whether your agreement is fair (“equitable”), but only whether it complies with state laws and is therefore legal and enforceable. It is important to note that it is highly recommended that this agreement be designed and/or verified by a qualified mediator or divorce lawyer and not something that you or your spouse yourself create without consulting a lawyer….