Illinois-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Prenuptial agreements in Illinois are governed by the Illinois Uniform Premarital Agreement Act, codified at 750 ILCS 10/1 et seq. The Act applies to every premarital agreement executed in Illinois after January 1, 1990, and it sets clear, well-established rules for when an agreement is valid and when it can be set aside.
Illinois is an equitable distribution state, not a community property state. Without a prenuptial agreement, a court divides marital property in a way it considers equitable, which is not the same as an even split and depends on the court’s assessment of the circumstances. A prenuptial agreement lets you decide these terms in advance rather than leaving them to a judge.
To be valid in Illinois, a prenuptial agreement must be in writing and signed by both parties. No consideration beyond the marriage itself is required, and the agreement becomes effective when the couple marries. Illinois does not require witnesses or notarization by statute, although notarization is strongly recommended and standard practice.
Under 750 ILCS 10/7, an Illinois prenuptial agreement is not enforceable if the party challenging it proves either:
Whether an agreement is unconscionable is decided by the court as a matter of law. The spouse challenging the agreement carries the burden of proof, and a single unenforceable provision does not automatically void the entire agreement, because Illinois courts apply a severability analysis.
Illinois has one important protection that sets it apart. Even if a prenuptial agreement validly waives or limits spousal support, a court can step in if enforcing that waiver would cause undue hardship to one party because of circumstances that were not reasonably foreseeable when the agreement was signed. In that situation, the court can order support despite the agreement, to the extent necessary to avoid the hardship. Property division provisions do not have this safety valve, but spousal support waivers do.
Illinois enforces a valid prenup’s property terms strictly, but it treats spousal support differently. Even a clearly written maintenance waiver can be overridden if enforcing it would cause undue hardship because of circumstances no one could reasonably have foreseen at signing. That makes how you structure support provisions especially important in Illinois, and it is something we draft for deliberately rather than leaving to a boilerplate waiver.
$150, credited toward your agreement.
Custom to Illinois law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Illinois does not impose a statutory waiting period or witness requirement, but we structure the process so the agreement is signed well before the wedding and with full, documented disclosure.
Flat fee. Clear scope. No surprises.
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We work with couples across Illinois, from Chicago, Aurora, and Naperville to Springfield, Rockford, Joliet, Peoria, and Champaign. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with an Illinois-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, knows the Illinois Uniform Premarital Agreement Act, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in Illinois, also called a premarital agreement, is a written contract signed by two people before marriage that sets out how their property, debts, and spousal support will be handled if the marriage ends in divorce or death. These agreements are governed by the Illinois Uniform Premarital Agreement Act, 750 ILCS 10/1 et seq., and take effect when the couple marries.
Yes. Illinois enforces prenuptial agreements under the Illinois Uniform Premarital Agreement Act. A valid agreement that appears proper on its face is presumed enforceable, and the spouse challenging it carries the burden of proof. An agreement can be set aside only if it was signed involuntarily, or if it was unconscionable when signed combined with inadequate financial disclosure.
A valid Illinois prenup must be in writing and signed by both parties, entered into voluntarily, and supported by fair and reasonable financial disclosure unless disclosure is expressly waived in writing. Illinois does not require witnesses or notarization by statute, although notarization is strongly recommended. Independent counsel is not required but significantly strengthens enforceability.
At Prenups.com, an Illinois prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Illinois prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting well before the wedding so there is no time pressure, since signing under pressure can support a later claim that the agreement was not voluntary.
Yes. A prenuptial agreement must be signed before marriage and takes effect on the date of marriage. If you are already married, the equivalent document is a postnuptial agreement. Illinois does not set a fixed statutory waiting period, but signing well in advance helps demonstrate the agreement was entered into voluntarily.
Yes. Under 750 ILCS 10/7, an Illinois prenup can be set aside if the challenger proves they did not sign voluntarily, or that the agreement was unconscionable when signed and they were not given fair financial disclosure, did not waive disclosure in writing, and could not reasonably have known the other’s finances. Courts evaluate enforceability at the time of signing, not at the time of divorce.
An Illinois prenup can address each party’s rights in property whenever acquired, the disposition of property on divorce or death, the modification or waiver of spousal support, the making of wills or trusts to carry out the agreement, protection of a business, and the treatment of debts, gifts, and inheritances.
An Illinois prenup cannot adversely affect a child’s right to support, which courts decide based on the child’s best interests. It also cannot eliminate spousal support where doing so would cause undue hardship from circumstances that were not reasonably foreseeable at signing, and it cannot include terms that violate public policy or law.
Illinois does not legally require each party to have a separate attorney. However, independent representation significantly increases the likelihood that the agreement will be upheld, because it supports the conclusion that both parties signed voluntarily and with full understanding. At a minimum, the party without counsel should have a clear opportunity to obtain it.
Yes. A prenuptial agreement is one of the most effective ways to protect a business in Illinois. It can confirm that a business is non-marital property, address how growth in value during the marriage is treated, and prevent a spouse from acquiring a marital interest in the company. This is especially important for founders, partners, and professional practice owners.
Yes. If you are already married, a postnuptial agreement can address the same property, debt, and support questions as a prenuptial agreement. Illinois recognizes agreements between spouses that are in writing, signed voluntarily, and supported by fair disclosure. At Prenups.com, an Illinois postnuptial agreement is a flat fee of $4,500.
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