Illinois Prenuptial Agreement – Laws

An Illinois prenuptial agreement is a contract between two potential spouses that is used to define the division of finances in the case of a divorce. It also spells out the assets and debt that each party has upon entering into the marriage in order to provide complete transparency. The agreement becomes effective not upon signing but upon the legal and official marriage of the couple. One will often see a prenuptial agreement when one party has significantly more money than the other; however, these contracts are becoming increasingly common among all economic classes as divorce rates continue to rise.

Signing Requirements (750 ILCS 10/3) – The two (2) parties must both sign the agreement; a notary acknowledgment is recommended, however, it is not required.

Laws