Statutes

• Illinois Families Section 10/4 (Content)
• Illinois Families Section 10/5 (Effect of marriage)
• Illinois Families Section 10/6 (Amendments)
• Illinois Families Section 10/7 (Enforcement)

Content

Although prenuptial agreements are typically thought of in terms of anticipating a divorce, the agreement can cover a lot of different subject areas. State law determines what can and can't be included in the agreement.

What can be included in the prenuptial agreement:

• Division of property in case of separation, divorce, or death;
• The right to: buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
• Spousal support changes or elimination of support;
• The making of a will, trust, or other arrangements to carry out the agreement terms;
• The ownership rights in and distribution of the death benefit from a life insurance policy; and
• Choice of law decisions for the agreement.

What can't be included:

• Any matter that involves criminal activity or is against public policy; and
• Any terms that adversely affect a child's rights for child support.

Amendment/ Revocation

• After the marriage, the only way to change the agreement is by a written agreement signed by both parties.
• No consideration is needed for the amended agreement or revocation.

Enforcement

The prenuptial agreement may be invalid based on various factors. If a person wants to dispute the enforceability of the agreement, they must prove that they didn't sign the agreement voluntarily. Or that the agreement was unconscionable when signed and before signing the agreement, the party didn't have the following:

• A fair and reasonable disclosure of the property or financial obligations of the other party;
• A writing waiving their right to the disclosure of the other party's obligations; and
• Knowledge of the other party's obligations or reason to know of the obligations.