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.
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.
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