Plan With Confidence. Hanauer Law Has Your Back.

A well-crafted prenuptial agreement is a shield, not a red flag. Each prenuptial agreement attorney in Peoria on our team has compassion and tactical precision to draft agreements as unique as your partnership. We listen deeply, advise honestly, and produce enforceable contracts—guiding you through the entire process with unwavering support.

Premarital Agreements: Key Points at a Glance

A premarital agreement is a contract signed before marriage that dictates how property, debts, and support issues will be settled if the relationship dissolves.

Why Couples Opt In

  • Entrepreneurs & Owners: Keep the company’s shares out of the marital pot.
  • Financial Playbook: Detail how income, expenses, and savings will be handled during the marriage.
  • Blended Families: Preserve inheritances for children from earlier unions.
  • Debt Shield: Isolate one spouse’s obligations so they don’t burden the other.

Situations Where They’re Most Useful

  • Subsequent marriages
  • High-net-worth relationships
  • Marriages involving significant inherited assets
  • Couples with thriving businesses or specialized practices

Who It Obligates

Both spouses are bound, and Illinois courts will enforce the agreement unless it was created unfairly or without proper formalities.

What It Can Control

  • Asset division
  • Maintenance/spousal support
  • Debt responsibility
  • Inheritance and succession rights
  • Business continuity

Types of Agreements

  • Basic Prenuptial Contract
  • Wealth-Focused Prenup
  • Second-Marriage Contract
  • Business-Protection Prenup
  • Debt-Allocation 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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Why More Illinois Couples Are Signing Prenups

In a 2023 poll by the American Academy of Matrimonial Lawyers (AAML), more than 60 percent of divorce lawyers nationwide—including Illinois practitioners—reported a significant rise in prenuptial contracts.

Couples are increasingly proactive, opting for well-defined financial frameworks that help prevent conflict later. Today’s Illinois prenups often incorporate:

  • Debt-sharing rules to keep one partner’s loans from burdening the other
  • Pet-ownership decisions for furry family members
  • Social-media boundaries to prevent defamatory or private postings
  • Maintenance parameters that limit or waive spousal support
  • Adjusted inheritance rights—crucial for blended or second families

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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Common Grounds for Contesting a Prenup

Even the strongest prenup can falter if any of these red flags surface:

  • Incomplete Financial Disclosure: One spouse withholds assets or liabilities, skewing the deal.
  • Duress or Undue Influence: The agreement gets signed under pressure, leaving genuine consent in doubt.
  • Grossly Unfair Provisions: Terms that heavily tip the scales toward one party may be deemed unconscionable.
  • No Independent Representation: When either partner proceeds without their own lawyer—or is urged not to hire one—the court may question the agreement’s fairness.
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Creating a Prenup That Stands Up in Court

  • Give yourselves plenty of runway. Initiate prenuptial talks early enough to eliminate last-minute stress.
  • Engage individual counsel. Each future spouse should consult their own attorney for truly independent guidance.
  • Practice total transparency. Provide complete lists of assets, liabilities, and income so both sides negotiate from the same facts.
  • Air your intentions. Honest conversation about financial priorities and concerns keeps negotiations cooperative.
  • Polish the language together. Jointly review and tweak the draft until every clause aligns with your shared vision.
  • Finalize ahead of the big day. Sign, notarize, and safely store the agreement well before you walk down the aisle.

The Hanauer Law Advantage: Bullet-Proofing Your Prenup

Hiring seasoned counsel isn’t a luxury—it’s the difference between a contract that sticks and one that unravels. When you work with us, you get:

  • Regulatory Peace of Mind: Alignment with the Illinois Uniform Premarital Agreement Act from page one.
  • Transparent, Equitable Drafting: Both parties disclose everything, ensuring a respectful, balanced agreement.
  • Durability by Design: Strategic phrasing and meticulous procedures make it difficult for anyone to overturn your prenup later.
  • Customized Asset Protection: We insulate business interests, isolate debts, and preserve family inheritances so your financial future stays on track.

Prenuptial Agreement FAQs

How long before the wedding should we sign a prenup?

Are prenuptial agreements enforceable in Illinois?

What if my future spouse hides assets or debts?

Can we change the prenup after we’re married?

Is hiring a lawyer mandatory?

What happens if one person refuses to sign?

Do prenups apply to same-sex marriages in Illinois?

Does a prenup decide child-custody issues?

Can we include an infidelity clause?

How much do prenuptial agreements cost?

How long before the wedding should we sign a prenup?

Ideally, you’ll finalize and sign the agreement at least 30 days before the ceremony. This time frame reduces claims of coercion and helps ensure both parties have reviewed the terms carefully.

Are prenuptial agreements enforceable in Illinois?

Yes—so long as they’re drafted in full compliance with the Illinois Uniform Premarital Agreement Act (750 ILCS 10/). The agreement must also be voluntary, fair, and supported by full financial disclosure from both sides.

What if my future spouse hides assets or debts?

A lack of full financial disclosure can lead to the agreement being challenged—or even set aside—in court. Transparency is essential for a prenup to be considered valid and enforceable.

Can we change the prenup after we’re married?

You generally cannot amend the original document, but you can execute a separate postnuptial agreement that supersedes it. A postnup can address new circumstances or changes in financial status after marriage.

Is hiring a lawyer mandatory?

It is not legally required, but retaining independent counsel for each party is strongly recommended to safeguard fairness and future enforceability. Having separate legal representation helps avoid conflicts of interest.

What happens if one person refuses to sign?

Without both signatures, the prenup has no legal effect and cannot be enforced. Mutual agreement is required for the contract to be valid under Illinois law.

Do prenups apply to same-sex marriages in Illinois?

Yes—state law treats all marriages the same, so the same rules govern same-sex couples. Prenups are fully enforceable regardless of gender or sexual orientation.

Does a prenup decide child-custody issues?

No. Child custody and parenting time are determined by the court based on the child’s best interests at the time of separation. Prenuptial agreements cannot override the court’s discretion on these matters.

Can we include an infidelity clause?

Such provisions can be written in, but Illinois judges may differ on whether and how strictly they’ll enforce them. Some courts may view these clauses as unenforceable on public policy grounds.

How much do prenuptial agreements cost?

Fees vary with complexity, but most Illinois prenups range from approximately $1,500 to $5,000. Costs can increase depending on the number of assets, business interests, and negotiations involved.

Step Into Marriage Protected and Prepared

Give your relationship the gift of clear boundaries and lasting security. Contact Hanauer Law today to book a discreet consultation with a knowledgeable prenuptial agreement lawyer in Peoria.

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