Illinois Prenuptial and Postnuptial Agreement Lawyer

Prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act (750 ILCS 10). The agreement must be in writing and signed by both parties, and it becomes effective upon marriage. It can address property rights, how property is divided if the marriage ends, and the modification or elimination of spousal support. It cannot adversely affect a child’s right to support.

A prenuptial agreement is not enforceable if the challenging party proves they did not sign it voluntarily, or that it was unconscionable when signed and, before signing, they did not receive fair and reasonable disclosure of the other party’s property and financial obligations, did not waive that disclosure in writing, and did not otherwise have adequate knowledge of it.

A postnuptial agreement is signed after the marriage, while a prenuptial agreement is signed before it. Illinois has no separate statute for postnuptial agreements. A postnuptial agreement is a contract between spouses, and courts review it under contract principles.