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A TRUSTED PRENUP THAT’S AFFORDABLE
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The leading, comprehensive
Illinois prenup
A prenuptial agreement—also known as a premarital or antenuptial agreement—is a legal contract between two partners that becomes effective once they’re married. In Illinois, it’s most commonly called a “premarital agreement,” but all three terms mean the same thing.
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We’ll walk you through all of the scenarios you’ll need to consider in Illinois
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Everything to know about Illinois prenups
According to the Illinois Uniform Premarital Agreement Act, effective and adopted by the state of Illinois in 1990, “Premarital agreement” refers to an agreement between prospective spouses made in contemplation of marriage, and is to be effective upon marriage. A premarital agreement in Illinois allows couples to contract with respect to the rights and obligations of property, the right to sell or control property, the ability to choose how they will dispose of property upon separation, dissolution or death, the modification or elimination of spousal support, the ownership rights in a life insurance policy, freedom to choose what law will govern the agreement, as well as other rights as listed in the Illinois Premarital Agreement statute, which you can read here. However, it is important to note that the rights of a child or child support cannot be affected by a premarital agreement in Illinois.
How common are prenups?
Illinois prenup expert Robert B. Buchanan provides an overview:
The basics of Illinois prenups
In Illinois, prenuptial agreements must be written and signed freely by both parties. Prenuptial agreements in Illinois can include clauses describing how assets will be divided if the relationship ends in divorce.
No one may compel either side to sign a prenup – parties must enter into the prenup voluntarily and without duress. In addition, financial disclosure is imperative. In Illinois, parties to a premarital agreement must provide fair and reasonable financial disclosure of all assets and financial obligations. Neither party is permitted to conceal property or assets and will risk invalidation of their prenuptial agreement if they do!
No one may compel either side to sign a prenup – parties must enter into the prenup voluntarily and without duress. In addition, financial disclosure is imperative. In Illinois, parties to a premarital agreement must provide fair and reasonable financial disclosure of all assets and financial obligations. Neither party is permitted to conceal property or assets and will risk invalidation of their prenuptial agreement if they do!
- Put it in writing! Your prenup has to be a written contract – you can’t just think it into existence. Make it a formal contract.
- The terms included in your premarital agreement must be lawful
- Your Illinois premarital agreement must be signed by both parties (HelloPrenup recommends initials at the bottom of each page!)
- Your agreement must be signed voluntarily (without duress, intimidation, deceit, etc.)
- Signatures should always be notarized (this is more of a “best practices” than a statutory requirement)
- Fair and reasonable disclosure of assets and debt / financial obligations – that is right, this means disclosing *all* of your finances.
- Representation by an attorney adds an extra layer of protection and is recommended!
- Dictating what child custody or support should look like
- Incentive to commit illegal acts
- Unfair, unjust, or deceptive terms
A prenuptial agreement in Illinois can be declared invalid and unenforceable if proper financial disclosures are not made, or assets and financial obligations are hidden. For example, if one partner was dishonest in reporting assets because he said he had only $100,000 in an account when really he had $1,000,000, the agreement could be invalidated by a court.
A premarital agreement may be unenforceable under Illinois state law if the court finds that the agreement is “unconscionable.” One example of an unconscionable provision would be one that stipulates to custody or support of a child.
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Spousal support / maintenace in Illinois
According to Section 7(b) of the Illinois Uniform Premarital Agreement Act, if a prenuptial agreement provision modifies or eliminates spousal support and that modification or elimination causes one party to the prenuptial agreement undue hardship due to circumstances not reasonably foreseeable at the time of the prenuptial agreement’s execution, a court, notwithstanding the terms of the prenuptial agreement, may modify or eliminate spousal support.
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Financial disclosure in Illinois
Illinois prenup expert Robert B. Buchanan provides an overview of how financial disclosure works in Illinois:
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HOW OUR PRENUP WORKS
Easy, all-in-one solution, completed in a day
1
Fill out your questionnaires
Share your goals and assets in your personal questionnaires.
2
Align on clauses together
Compare answers and align on your prenup terms together.
3
Optional — Review with an attorney
Meet with an attorney to further customize your prenup.
4
Review and notarize your prenup
Review and notarize your prenup online with Proof.
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Optional attorney support
at a fraction of the cost
at a fraction of the cost
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Ask an attorney any time
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Get legal advice any time by adding on a 20-minute call with an attorney to your prenup for only $49 per partner, per session.
How it works
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Optional representation
Attorneys are standing by. Select one of your state’s top attorneys to get an optional full document review for added peace of mind.
Pricing
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Online notarization
Skip the drive to the notary. E-sign & notarize your agreement in minutes in your account through our integrated partnership with Proof.
Attorney services
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Want some guidance?
Book a free consultation
Book a free consultation
Not sure if you want/need an attorney? Book a consultation with a HelloPrenup team member today!
Learn more about how HelloPrenup works and what to expect about the process. We’re thrilled to answer any questions you have and help you get started.
We encourage every couple to enter their marriage with full financial transparency and we’re starting our relationship with you the same way. Our prenup packages are flexible to adapt to exactly what you and your partner need.
It’s free to start creating and then requires a flat payment of $599 to complete. Along the way, you can add on additional services as needed, any time. Use the calculator to get an estimate. You can also choose to sign now and pay later with:
It’s free to start creating and then requires a flat payment of $599 to complete. Along the way, you can add on additional services as needed, any time. Use the calculator to get an estimate. You can also choose to sign now and pay later with:
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Our online prenup $599 flat fee per couple
Notarization
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Attorney Q&A
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Attorney Representation
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Our attorney representation costs are 40–80% less than other online services
Your customized total per couple
$599
Same-day completion. Taxes included.
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A prenup isn’t just about protection.
It’s about going into marriage with a foundation based on transparency and trust.
FROM THE BLOG
Recent articles
Check out these articles written by
our prenup specialist, Nicole Sheehey, Esq.
our prenup specialist, Nicole Sheehey, Esq.
A prenup is no longer a taboo — it’s a to-do.
Get a state-specific notarized prenup onlinewithout overspending on money or time.
Get a state-specific notarized prenup online and save on money and time.
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