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At Hanauer Law, we understand that a prenuptial agreement is not a sign of doubt about your future; rather, it's a means of protecting it. Our prenuptial agreement attorneys in Wheaton provide clear, compassionate, and strategic guidance to create an agreement that reflects your unique relationship and aspirations. We take the time to listen, offer advice, and develop well-crafted legal documents, supporting you throughout the process.

Prenuptial Agreement Basics

A prenuptial agreement is a legally binding contract created before marriage that outlines how financial matters, like property, debt, and spousal support, will be handled if the marriage ends.

Why Couples Pursue Prenups

While every relationship is unique, couples often pursue a prenup for the following reasons:

  • Protecting Business Assets: Entrepreneurs and business owners use prenups to ensure their company remains separate property and shielded from division or disruption during a divorce.
  • Clarifying Financial Responsibilities: A prenup can define how bills, savings, and other financial duties will be managed during the marriage, helping to avoid confusion and disputes later on.
  • Safeguarding Children from Prior Relationships: Individuals entering a second marriage may want to protect certain assets or inheritance rights for their children from a previous relationship.
  • Managing Debt Obligations: A well-drafted prenup can separate existing or future debts, ensuring one spouse isn’t held responsible for the other’s financial liabilities.

Where Prenups Commonly Apply

  • Second marriages
  • High-net-worth unions
  • Marriages involving family inheritances
  • Entrepreneurs and professionals

Who Is Legally Bound?

A prenup binds both spouses and is enforceable in Illinois courts unless found unconscionable or invalid due to improper formation.

What Can Be Covered in a Prenup?

  • Property division
  • Spousal support
  • Debt allocation
  • Inheritance rights
  • Business ownership

Types of Prenuptial Agreements

  • 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 Statistics

According to a 2023 survey conducted by the American Academy of Matrimonial Lawyers (AAML), more than 60% of divorce attorneys across the U.S.—including those practicing in Illinois—reported a notable increase in the number of prenuptial agreements over the past several years.

This surge reflects a growing recognition among couples that legal clarity can enhance, rather than undermine, a relationship's health. Today’s couples are more pragmatic and proactive, using prenups to avoid future conflict and protect both parties’ financial interests.

In addition to outlining how property and income will be handled in the event of divorce, many Illinois prenups now include provisions such as:

  • Debt allocation: This involves distributing debt, especially student loans or credit card debt, to ensure the other’s obligations don’t burden one partner.
  • Pet custody: Determining who retains ownership and care of family pets.
  • Social media clauses: Agreements regarding posting private or defamatory content online during or after a separation.
  • Spousal support limitations: Predetermining or waiving maintenance payments.
    Inheritance rights adjustments: Particularly for 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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Common Prenuptial Agreement Disputes

Even carefully drafted prenups can face legal challenges. These are the most common issues that may lead a court to question or invalidate an agreement:

  • Failure to Disclose Assets: One party fails to provide a complete and honest accounting of their financial holdings, making the agreement inherently unfair or misleading.
  • Coercion or Duress: The agreement was signed under pressure, manipulation, or close to the wedding date, leaving one party feeling forced rather than freely consenting.
  • Unconscionable Terms: The prenup contains extremely one-sided or unfair provisions that heavily favor one party and would shock the court's conscience.
  • Improper Legal Counsel: One or both parties did not have adequate legal representation or were discouraged from seeking independent advice, raising questions about fairness and informed consent.

Steps to Create a Strong Prenuptial Agreement

  • Start early—don’t wait until just before the wedding
  • Hire independent counsel for both parties
  • Disclose all assets and debts
  • Discuss your goals and concerns openly
  • Review and revise the draft together
  • Sign well in advance of the wedding

Why Hire a Lawyer for a Prenup?

Attempting to draft or sign a prenuptial agreement without experienced legal counsel can leave you vulnerable to future legal challenges and financial exposure. Here’s what Hanauer Law delivers:

  • Full Legal Compliance: We ensure your prenup complies with the Illinois Uniform Premarital Agreement Act, minimizing the risk of court challenges or invalidation.
  • Transparency and Fairness: We guide both parties through the disclosure process, ensuring that all assets, liabilities, and income streams are documented and fairly addressed to create balanced and respectful agreements.
  • Future Enforceability: We craft each prenup with careful language and safeguards to prevent it from being overturned due to ambiguities or procedural issues.
  • Protection of Your Personal and Financial Interests: We customize your agreement to protect your business assets, safeguard against partner debt, and keep family inheritance separate, aligning with your financial and emotional goals.

Prenuptial Agreement FAQs

How long before marriage should a prenup be signed?

Are prenuptial agreements enforceable in Illinois?

What if my spouse didn’t disclose everything?

Can we modify a prenup after marriage?

Is a lawyer required?

What if one party refuses to sign?

Are prenups valid for same-sex marriages?

Do prenups cover child custody?

Can prenups include infidelity clauses?

What does it cost?

How long before marriage should a prenup be signed?

Ideally, a prenuptial agreement should be signed at least 30 days before the wedding. Signing early helps demonstrate that both parties entered the agreement voluntarily and without pressure.

Are prenuptial agreements enforceable in Illinois?

Yes, prenuptial agreements are enforceable in Illinois if they are properly drafted in accordance with the Uniform Premarital Agreement Act. The terms must be fair and both parties must have entered into the agreement willingly.

What if my spouse didn’t disclose everything?

If one party fails to fully disclose their assets or debts, the prenup can be challenged in court. Full and honest disclosure is essential for the agreement to be valid.

Can we modify a prenup after marriage?

No, a prenuptial agreement cannot be modified once you're married. However, you can create a postnuptial agreement to reflect new circumstances or changes in your financial situation.

Is a lawyer required?

A lawyer is not legally required to create a prenuptial agreement in Illinois, but it’s strongly recommended. Independent legal counsel helps ensure that both parties fully understand the terms and their rights.

What if one party refuses to sign?

If one person refuses to sign the prenuptial agreement, it cannot be enforced. Both parties must sign voluntarily and without coercion for the document to be valid.

Are prenups valid for same-sex marriages?

Yes, prenuptial agreements are valid and enforceable for same-sex marriages in Illinois. The same legal standards apply regardless of gender or sexual orientation.

Do prenups cover child custody?

No, prenuptial agreements cannot determine child custody or parenting time. Custody decisions are always based on the best interests of the child at the time of separation or divorce.

Can prenups include infidelity clauses?

Yes, some couples choose to include infidelity clauses in their prenuptial agreements. However, whether such clauses are enforceable depends on how they're written and how courts interpret them.

What does it cost?

The cost of a prenuptial agreement varies depending on the complexity of the couple’s finances and the attorney’s rates. On average, fees typically range from $1,500 to $5,000.

Get Peace of Mind Before You Say "I Do"

Protect your future and start your marriage with clarity and confidence. Contact Hanauer Law to schedule a confidential consultation with a skilled prenuptial agreement lawyer in Wheaton.

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