Getting a Prenuptial Agreement in Illinois 

 Posted on February 06, 2023 in Family Law

A prenup, also known as a premarital agreement or prenuptial agreement, is defined as an agreement between soon-to-be spouses. This agreement allows both parties to define their rights and obligations regarding assets in the event of a death or divorce. In the state of Illinois, a prenuptial agreement must be in writing and signed, with a sober and clear mindset, by both parties. 

In the case where a prenuptial agreement violates Illinois law due to fraud, coercion, lack of knowledge, or any unconscionable provisions, then the agreement is not enforceable. If you want to set up a prenuptial agreement, it is important to get advice from an experienced Illinois divorce attorney, with their help you protect your assets and negotiate a fair agreement for both parties. 

What Will a Prenuptial Agreement Cover?

Here are some things to expect to cover within a prenup: 

• Property - The spouses will need to discuss several crucial property-related issues while creating their prenuptial agreement. They must list any property they wish to keep separate from the marital estate and designate the property as non-marital property.

• Alimony - Spousal maintenance can be modified or eliminated within this agreement. Parties must decide how much alimony they are willing to contribute or decide to contribute none at all in the event of divorce.

• Finances - If the parties want to separate their finances, they will need to clarify who will be responsible for what. For example, a prenuptial agreement may be used to ensure parties are not responsible for each other's debts or student loans. 

• Other Matters - The party acquiring a prenup can add any assets they wish to protect within this agreement. As long as both parties can agree and they are not violating any Illinois laws.

What Will a Prenup Not Control? 

Prenuptial agreements cannot address child custody or child support.  A prenup may become unenforceable if it includes anything along the lines of limiting child support, limiting how much child support income the party will produce, or canceling child support altogether. 

Contact a DuPage County Divorce Attorney 

You deserve to be able to protect your assets in the case of a divorce. If you are concerned you may not be able to negotiate fairly for the right to your assets, you do not need to go through with it alone. Contact a Dupage County divorce attorney and let us help you not only protect your assets but also find a fair agreement for both parties. Contact us online at Hensley Sendek Law or call us at 630-358-9029 for a free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59