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Will My Prenup Be Honored in an Illinois Divorce?
If you’re facing a divorce with a signed prenuptial agreement, that agreement may help the process go more smoothly. Illinois courts typically enforce prenuptial agreements as long as they are legally valid. Whether yours will be honored by the court depends on the terms and what the circumstances were when it was signed.
A Kane County, IL family law lawyer can review your agreement and explain what changes, if any, are possible during your divorce in 2026.
Does Illinois Enforce Prenuptial Agreements?
Illinois follows the Illinois Uniform Premarital Agreement Act (750 ILCS 10/) for agreements signed on or after January 1, 1990. This act outlines requirements for a prenup to be considered valid by a court. As long as these requirements are met, courts will typically enforce the terms of a prenup.
What Makes a Prenup Enforceable in Illinois?
Valid prenups have a few specific characteristics outlined by the Uniform Premarital Agreement Act.
Must Be In Writing
A valid prenup has to be in writing and signed by both people.
Must Be Voluntarily Signed By Both Parties
Prenuptial agreements need to be backed by fair and reasonable disclosure of both parties’ finances. They also must be signed by both people willingly. A court can refuse to enforce an agreement if one person was forced or pressured into signing it.
Must Not Be Unconscionable
A prenup can be unenforceable if it was extremely unfair when it was signed and one spouse did not have enough information about the other spouse’s finances. Both people should receive fair information about each other’s property and debts before signing. A person can also waive the right to receive more financial information in writing.
There is also a special rule for spousal maintenance. If a maintenance term causes serious hardship because of circumstances that could not have been expected when the agreement was signed, the court can order enough support to prevent that hardship.
Within those limits, prenups can decide many issues. They can set how property and debts will be divided. They can decide whether either person will pay spousal maintenance and how much. They can spell out what happens to a business, an inheritance, or property one person owned before the marriage. A properly made agreement covering these subjects is usually enforced as written.
When Will an Illinois Court Refuse to Enforce a Prenup?
Besides violations of the above criteria, there are several provisions a court will not enforce even if they’re included in a prenup.
Some people include "lifestyle clauses" in their prenups. These clauses can address personal behavior during the marriage. They can be difficult to enforce, especially if they concern appearance, sexual relations, or other private matters. A court can refuse to enforce terms that violate Illinois law or public policy.
Any provisions that would normally violate public policy standards are also not enforceable. This includes any demands that would prevent the spouse from exercising their legal right (i.e., being forbidden to vote), that are discriminatory, or involve illegal activity.
A prenup cannot limit a child’s right to receive support. Terms about parental responsibilities and parenting time are also not binding on the court. These decisions must be based on the child’s best interests.
How Can You Make Your Prenup More Likely to Hold Up in Illinois?
To make your prenup more likely to hold up in court, plan on exchanging complete, written lists of their assets, debts, and income. Begin working on your prenup well before your wedding date so that your spouse cannot later claim they were rushed or forced into signing.
The strongest agreements adhere to the legal standard and have been reviewed by each spouse’s attorney. While legal help isn’t required for a valid prenup, getting independent lawyers gives each spouse the opportunity to have the agreement reviewed for legal soundness and fairness before they sign it.
Keep signed copies of your agreement and the financial disclosures together in a safe place. If your finances or family situation have changed, you and your spouse can agree to amend or cancel the prenup. Any change must be in writing and signed by both spouses.
What Happens if Part of a Prenuptial Agreement Is Thrown Out?
A court doesn’t have to either honor a prenuptial agreement or throw it completely out. Specific, unenforceable terms, such as a child support limit, may be removed and the rest of the agreement enforced depending on the case. The court will then use normal procedures in place of the unenforceable terms.
If the entire document is found to be invalid, the divorce proceeds as if there were no prenup. Instead, Illinois’s normal rules for dividing property and setting maintenance apply.
Call a St. Charles, IL Prenuptial Agreement Lawyer Today
Whether a prenup will be honored comes down to your specific terms and how it was signed. Getting it reviewed before signing keeps you from making errors that will affect you down the road.
Our lead attorney is a trained mediator with significant family law experience. He has experience helping couples negotiate agreements. Our firm focuses on mediation when possible. If mediation does not work, we are prepared to represent you in court.
Our Kane County, IL family law attorneys offer free consultations. Call Shaw Sanders, P.C. at 630-584-5550 today to schedule yours.
630-584-5550