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A prenuptial agreement isn’t about mistrust but safeguarding the life you’re building together. For our community, our prenuptial agreement lawyers in DuPage County deliver transparent, compassionate guidance, tailoring every clause to honor your relationship and goals. We start by listening, continue with seasoned advice, and finish with meticulous drafting, standing beside you at every step.

Understanding Prenuptial Agreements

A prenuptial agreement is a written, enforceable contract you and your future spouse sign before the wedding. It spells out how property, debts, and potential support will be handled if the marriage ends.

Why Couples Choose One

  • Shielding a Business: Entrepreneurs safeguard companies so ownership stays intact—even through divorce.
  • Setting Financial Ground Rules: A prenup can assign day-to-day money management, from bill-paying to savings, reducing future friction.
  • Protecting Children from Previous Relationships: Parents preserve assets or inheritances for kids from an earlier marriage.
  • Separating Debts: Clear language keeps one partner from inheriting the other’s loans or credit obligations.

When a Prenup Makes Sense

  • Second marriages
  • High-asset unions
  • Marriages involving family inheritances
  • Couples with businesses or professional practices

Who’s Bound?

Once signed properly, both spouses are bound, and Illinois courts will uphold the agreement unless it’s unconscionable or improperly formed.

Topics You Can Cover

  • Division of property
  • Spousal maintenance
  • Allocation of debts
  • Inheritance or succession rights
  • Continuity of business ownership

Prenup Types

  • Standard Prenuptial Agreement
  • High-Net-Worth Prenup
  • Second-Marriage Agreement
  • Business Asset Protection Prenup
  • Debt-Management Prenup

Verdicts/Settlements

  • Spousal Maintenance Termination: A client was ordered to pay approximately $10,000 per month in spousal maintenance. The client hired the attorneys from Hanauer Law to seek termination of this spousal maintenance, and ultimately, the maintenance was terminated.
  • Husband Receives Maintenance: A client engaged the team at Hanauer Law for divorce proceedings, during which the wife contested the payment of spousal maintenance to the client (husband). After a two-day trial, the client successfully received spousal maintenance.
  • Quick Divorce with Favorable Terms: A mother hired the team at Hanauer Law for her divorce proceedings. The attorneys secured favorable terms, including majority custody for the mother, within three months of filing the divorce petition.
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Illinois Prenup Trends at a Glance

A 2023 study by the American Academy of Matrimonial Lawyers (AAML) found that more than six in ten divorce lawyers nationwide, including those working here in Illinois, have seen prenup requests climb sharply in recent years.

Couples increasingly view a premarital contract as a relationship-strengthening tool, offering transparency and reducing future friction.

Modern Illinois agreements often address:

  • Debt division, such as isolating student loans or credit-card balances, so one spouse isn’t saddled with the other’s liabilities
  • Pet custody, such as deciding who keeps the beloved cat or dog
  • Social-media conduct, such as restricting harmful or embarrassing posts during and after a breakup
  • Spousal-support limits, such as capping or waiving maintenance in advance
  • Inheritance provisions, such as safeguarding children’s rights in blended families or second marriages

Read more: Prenuptial Agreements On The Rise Finds Survey
Views on Marriage and Cohabitation in the U.S. | Pew Research Center

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Keep the Following in Mind

Even a well-constructed prenup can be put under a microscope. Illinois courts often scrutinize agreements involving:

  • Hidden Assets: One partner fails to disclose all the facts, making the contract fundamentally misleading.
  • Pressure or Duress: The document gets signed in the eleventh hour or under emotional leverage, undermining true consent.
  • Shockingly One-Sided Terms: Provisions so lopsided they offend basic fairness may be tossed out.
  • Lack of Independent Counsel: If either party skips—or is steered away from—separate legal advice, questions of informed choice arise.
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How to Create a Solid Prenup

  • Begin early. Don’t let the calendar squeeze you—start the conversation well before you set a wedding date.
  • Retain your own lawyer. Each partner should have independent counsel to ensure balanced, informed advice.
  • Lay everything on the table. Share all assets, income streams, and debts with total transparency.
  • Talk through hopes and worries. Open dialogue about financial goals and potential concerns prevents surprises later.
  • Co-edit the draft. Review, refine, and confirm every clause together until you’re both comfortable.
  • Sign ahead of time. Finalize the agreement long before the invitations go out to avoid last-minute pressure.

Why Bring Hanauer Law onto Your Prenup Team?

  • Statute-Sure Compliance: We anchor your agreement to the Illinois Uniform Premarital Agreement Act, reducing any chance a judge will poke holes in it.
  • Open-Books Fairness: Our attorneys walk both partners through full asset, debt, and income disclosure so no hidden surprises derail trust.
  • Iron-Clad Enforceability: Precise wording and procedural safeguards help your contract withstand future challenges.
  • Personal Wealth Protection: From shielding a business to separating inheritance and partner debt, we tailor every clause to match your financial and emotional priorities.

Prenuptial Agreement FAQs

How far in advance should we sign?

Are prenups enforceable in Illinois?

What if one partner hides assets?

Can we revise the document after we marry?

Must we hire attorneys?

What happens if my fiancé(e) won’t sign?

Do these agreements apply to same-sex couples?

Will the prenup decide child custody?

Can we add an infidelity clause?

How much will this cost us?

How far in advance should we sign?

Aim to finalize the agreement about a month before the wedding date. Signing early helps avoid claims of coercion or last-minute pressure, which could impact enforceability.

Are prenups enforceable in Illinois?

Yes—provided they meet the requirements of the Uniform Premarital Agreement Act. The agreement must be voluntary, fair, and based on full financial disclosure from both parties.

What if one partner hides assets?

Concealment can give the other spouse grounds to challenge the contract. Transparency is key—any attempt to hide assets may render the agreement invalid in court.

Can we revise the document after we marry?

Not directly, but you may draft a postnuptial agreement to update the terms. Postnups allow couples to address changes in finances or other circumstances after marriage.

Must we hire attorneys?

The law doesn’t mandate counsel, yet having independent lawyers is highly advisable. Legal representation helps ensure each party understands the agreement and protects their rights.

What happens if my fiancé(e) won’t sign?

Without mutual signatures, the prenup has no legal effect. Both parties must willingly agree to the terms and sign for the document to be valid.

Do these agreements apply to same-sex couples?

Absolutely—Illinois treats all marriages the same. Prenuptial agreements are fully valid and enforceable for same-sex spouses under state law.

Will the prenup decide child custody?

No. Courts determine custody based on the child’s best interests at the time of separation. Any custody terms in a prenup are not binding in Illinois.

Can we add an infidelity clause?

You can, but its enforceability may vary by circumstance and judicial discretion. Some courts may view it as a moral clause and choose not to uphold it.

How much will this cost us?

Fees depend on complexity but generally fall between $1,500 and $5,000. Factors like asset valuation, business interests, and legal negotiations can affect total cost.

Secure Your Tomorrow Before You Walk Down the Aisle

Safeguard your future and begin married life with unshakable confidence. Reach out to Hanauer Law today to arrange a confidential consultation with an experienced prenuptial agreement attorney in DuPage County.

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