Understanding Prenuptial Agreements in Illinois - DuPage County Divorce Attorney | Bloomingdale Family Law Lawyers
Button 1 Button 2 Button 3 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
Menu
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Understanding Prenuptial Agreements in Illinois

Posted on in Family Law
  • Font size: Larger Smaller
  • Hits: 1966
  • Print

A prenuptial agreement is way prospective spouses to put their obligations in writing before a marriage ceremony occurs.  The stipulations in the agreement takes place as soon as the marriage ceremony is concluded.

In Illinois, a prenuptial agreement must be in writing, and must be signed by both parties.  And it is enforceable without consideration, meaning that it becomes legally enforceable without one or both of the spouses promising something of value to make it viable.

A prenuptial agreement can be revoked or amended, but it must be done with the consent of both spouses.  And Illinois law states that and revocation or amendment must also be in writing.

prenuptial agreement imageThere are some cases in which an agreement or amendment cannot by law be enforced.  They include:

  • Situations where one party did not agree voluntarily.
  • The agreement was unconscionable when it was executed, and before it was executed.
  • The other party was not given a fair or reasonable disclosure of the property or financial obligations of the other party.
  • The other party did not voluntarily waive in writing their right to know the property or financial obligations of the other spouse.
  • The other party did not have or could have reasonably had, knowledge of the property or financial obligations of the other party.
  • If part of the agreement prohibited one spouse from spousal support and a circumstances unknown of at the time exists that would cause undo hardship to a spouse, support may be ordered by the court.

It is the court's responsibility to decide if any premarital agreement is unconscionable or not.  If you have questions about your prenuptial agreement, it is important to consult a Chicago divorce attorney who can successfully argue your case before the court. A family lawyer will also be able to help you create or amend a prenuptial agreement.

Latest Blog Posts

Archives

  • DuPage County Divorce Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted