Prenuptial Agreement Laws in Illinois

A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to “prenup”, is a contract entered into prior to marriage. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and maintenance in the event of divorce. Child custody and child support cannot be negotiated in a premarital agreement. A postnuptial agreement is similar to a a prenuptial agreement, only it is entered into after the marriage and does not have the same legal “consideration” which with a prenuptial agreement is the marriage itself.

Prenuptial agreements are not just for “wealthy” people. It may be recommended when one spouse earns significantly more than the other, owns a business or multiple or valuable assets, anticipates receiving an inheritance, has significant debt, or has children from a previous relationship. A prenup can help plan for the future and give couples peace of mind before getting married, prevent future disagreements, and minimize the cost of litigation should you get divorced.

The Law Office of Erin M. Wilson LLC can help discuss whether a prenuptial agreement is advisable, and if so, can either draft an agreement, or review one that has been prepared by your fiance’s attorney, to make sure that your rights and interests are protected before entering into a marriage. It is important to work with an attorney to make sure your prenup is fair and enforceable. We can help discuss ways to broach this topic with your fiance, as we understand it may not be the most romantic topic during an otherwise exciting time.

Please contact The Law Office of Erin M. Wilson LLC for a consultation regarding pre and post nuptial agreements.