{"id":373132,"date":"2018-04-13T11:51:51","date_gmt":"2018-04-13T16:51:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-prenuptial-agreements.html"},"modified":"2018-04-13T15:32:11","modified_gmt":"2018-04-13T20:32:11","slug":"illinois-prenuptial-agreements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-prenuptial-agreements.html","title":{"rendered":"Illinois Prenuptial Agreements"},"content":{"rendered":"\n
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Illinois Prenuptial Agreements<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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<\/a> might consider entering into a prenuptial agreement. The prenuptial agreement<\/a> (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).<\/p>\r\n

Illinois Prenuptial Agreements at a Glance<\/h2>\r\n

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.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Content<\/b><\/p>\r\n<\/td>\r\n

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.<\/p>\r\n

What can<\/b> be included in the prenuptial agreement:<\/p>\r\n

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  • Division of property in case of separation, divorce, or death;<\/li>\r\n
  • 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;<\/li>\r\n
  • Spousal support changes or elimination of support;<\/li>\r\n
  • The making of a will, trust, or other arrangements to carry out the agreement terms;<\/li>\r\n
  • The ownership rights in and distribution of the death benefit from a life insurance policy; and<\/li>\r\n
  • Choice of law decisions for the agreement.<\/li>\r\n<\/ul>\r\n

    What can't<\/b> be included:<\/p>\r\n

Amendment\/ Revocation<\/b><\/p>\r\n<\/td>\r\n

Enforcement<\/b><\/p>\r\n<\/td>\r\n

The prenuptial agreement may be invalid<\/a> 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<\/a> when signed and before signing the agreement, the party didn't have the following:<\/p>\r\n