Illinois Prenuptial Agreements

 Posted on May 20, 2013 in Prenuptial and Postnuptial Agreements

A prenuptial agreement is a document created by a couple prior to their marriage to determine rights and obligations should the marriage end. The Illinois Uniform Premarital Agreement Act oversees all prenuptial agreements, or prenups.

Legally, all prenuptial agreements must be in writing to be valid. Once the marriage is official, the prenup takes effect, regardless of whether or not the terms within the agreement are equal between parties. If a couple chooses to alter the agreement, it can only be done with written consent of both parties.

Illinois prenuptial agreements can include almost any subject matter, so long that it does not include criminal details, does not affect public policy and does not affect their children’s support. Illinois has specifically authorized the following rights and obligations to be included in a prenuptial agreement:

• property gathered by either spouse at any time,
• divorce,
• wills and trusts,
• disposition of property in the event of a separation,
• death or a similar event,
• and the choice of law that will be used to interpret the agreement.

If the party which is disadvantaged in the prenuptial agreement was not aware of the other party’s property and or obligations, or if the agreement was not executed voluntarily by both parties, or if the disadvantaged party did not waive his or her right to full disclosure, then the premarital agreement will not be enforced in the state of Illinois.

The same goes for any change to the agreement, if any change to the prenuptial agreement that dismisses spousal support that may cause unnecessary burden due to circumstances unforeseen by the time of the change, the agreement will also not be enforceable.

If you are considering creating a prenuptial agreement for your marriage, contact a family law attorney in Illinois for assistance. The Law Offices of Douglas B. Warlick & Associates can help you create your prenuptial agreement today.

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