Illinois Prenuptial Agreements
Created by FindLaw's team of legal writers and editors | Last updated April 13, 2018
Whenever there's a high-profile divorce, some of the first thoughts focus on the existence or absence of a prenup. Although they may have a certain reputation, prenups are not solely for celebrities or for the ultra-rich. Any engaged couple that brings personal or business assets to a marriage might consider entering into a prenuptial agreement. The prenuptial agreement (also called a premarital agreement) is an agreement that encompasses terms involving property, children, and other marital issues and is made prior to the marriage (but becomes effective upon marriage).
Illinois Prenuptial Agreements at a Glance
Although the Illinois prenuptial statues are presented in a straightforward manner, there's no harm in simplifying the law even further with a helpful overview. The chart below provides a summary of Illinois' prenuptial agreement law and includes links to the relevant statutes.
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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:
What can't be included:
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Amendment/ Revocation |
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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:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources for Illinois Prenuptial Agreements:
- Illinois Family Laws
- Illinois Annulment and Prohibited Marriage Laws
- Can Prenuptial Agreements Help You?
Discuss Prenuptial Agreements with an Illinois Attorney
Prenuptial agreements don't have to be viewed negatively, but they should be taken seriously. If you're contemplating a prenuptial agreement, you should talk to an experienced attorney before signing anything. Use FindLaw's attorney directory to find one located near you.
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