Updated March 27, 2024
An Illinois postnuptial agreement is a legal document that lets couples determine the distribution of marital property if their marriage ends in divorce or death. Unlike a prenuptial agreement (commonly known as a “prenup”), which is signed before a marriage begins, a postnuptial agreement is signed after a couple marries. Both documents can help couples shield themselves against the uncertainty that can result when a divorce judge has wide latitude to distribute the couple’s assets.
Laws
Marital Property: Property excluded by a valid agreement of the parties, including a postnuptial agreement, is considered “non-marital property.”[2]
Adequate Consideration: Marriage itself is sufficient consideration for a valid postnuptial agreement:[3]
Duress: Duress may be enough to render an agreement between spouses unconscionable. Duress includes
- Oppression
- Undue influence, or
- Taking undue advantage to the point where another cannot exercise free will.
Evidence of duress must be clear and convincing before a court may set aside a postnuptial agreement.[1]