IL UPAA Adopted

Illinois Prenuptial Agreement

Illinois’s prenuptial agreement law under 750 ILCS 10/1 et seq. follows the Uniform Premarital Agreement Act, requiring written execution, voluntary consent, and full financial disclosure. Illinois is an equitable distribution state — marital property divided fairly but not necessarily equally, making prenups valuable for protecting pre-marital assets and business interests.

GOVERNING LAWIllinois Uniform Premarital Agreement Act

STATUTE750 ILCS 10/1 et seq.

PROPERTY SYSTEMEquitable Distribution

AVG. ATTORNEY COST$2,000–$7,000

Illinois Prenuptial Agreement Overview

Key Facts About Illinois Prenuptial Agreements

Illinois adopted the UPAA under 750 ILCS 10/1 et seq.
Illinois is an equitable distribution state — marital property divided fairly but not necessarily equally
Courts will void a prenup signed under duress or without proper financial disclosure
Both parties must sign voluntarily and with full knowledge of the other’s assets
Independent legal counsel for both parties is strongly recommended
The agreement must be in writing and signed by both parties before the wedding
The agreement must be presented well in advance of the wedding to avoid duress claims

What Can Be Included in a Illinois Prenup?

Can Be Included

Rights and obligations regarding property
Right to buy, sell, use, transfer, or manage property
Disposition of property upon separation, divorce, or death
Modification or elimination of spousal support
Making of a will or trust
Ownership rights in a life insurance death benefit
Choice of law governing the agreement

Cannot Be Included

Child support or child custody provisions
Provisions that encourage divorce
Provisions that violate criminal law or public policy
Terms that are unconscionable

Attorney Recommendation: While it is possible to draft a prenuptial agreement without an attorney, Illinois courts are more likely to enforce agreements where both parties had independent legal counsel. The average cost of a Illinois prenuptial agreement drafted by an attorney is $2,000–$7,000.

Illinois Prenuptial Agreement Laws & Requirements

Governing Statute

Prenuptial agreements in Illinois are governed by 750 ILCS 10/1 et seq.. As a UPAA state, Illinois follows the Uniform Premarital Agreement Act, which provides a standardized framework for prenuptial agreements across adopting states.

Requirements for a Valid Prenuptial Agreement in Illinois

Written Agreement: The prenuptial agreement must be in writing. Oral prenuptial agreements are not enforceable in Illinois.
Signed by Both Parties: Both parties must sign the agreement before the wedding ceremony.
Voluntary Execution: Both parties must sign voluntarily, without duress, coercion, or undue influence.
Full Financial Disclosure: Both parties must fully disclose their assets, debts, and financial obligations.
Executed Before Marriage: The agreement must be signed before the marriage takes place.
Fair and Reasonable: Courts may void provisions that are unconscionable or grossly unfair.

Grounds for Invalidating a Illinois Prenuptial Agreement

Signed under duress, coercion, or undue influence
Lack of full and fair financial disclosure
Signed without adequate time to review (presented too close to the wedding)
One or both parties lacked mental capacity
Provisions that are unconscionable or violate public policy
Failure to meet formal execution requirements

Official Resources

Illinois Prenuptial Agreement Forms & Resources

Below are resources for Illinois prenuptial agreement forms, official government documents, and related legal forms.

Free Illinois Prenuptial Agreement Template

Our free prenuptial agreement template is designed to comply with Illinois law under 750 ILCS 10/1 et seq.. It includes all required provisions and can be customized to your specific situation.

Download Free Template

Official Illinois Legal Resources

Related Illinois Legal Forms

Find a Illinois Prenuptial Agreement Attorney

Finding an experienced family law attorney in Illinois is one of the most important steps in creating an enforceable prenuptial agreement. Courts are more likely to uphold agreements where both parties had independent legal counsel.

How to Find a Qualified Illinois Prenup Attorney

Look for attorneys who specialize in family law and marital agreements
Both parties should have separate, independent attorneys
Start the process at least 3–6 months before the wedding
Ask about experience specifically with prenuptial agreements
Request a flat-fee quote rather than hourly billing when possible

Official Illinois Attorney Referral Resources

Cost Estimate: The average cost of a prenuptial agreement in Illinois drafted by an attorney is $2,000–$7,000. This typically includes one attorney reviewing the agreement; both parties should have separate counsel.

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Statute	750 ILCS 10/1 et seq.
Property System	Equitable Distribution
UPAA	Adopted
Avg. Attorney Cost	$2,000–$7,000
Last Updated	2024