Can I Write My Own Prenuptial Agreement in Illinois?
Posted on November 15, 2025 in Prenuptial and Postnuptial Agreements
If you are thinking about writing your own prenuptial agreement to save time and money, you should consider legal guidance. While it may seem simple, Illinois law has strict rules that must be followed. If they are not, your agreement may not hold up in court. Our experienced Wheaton, IL prenuptial agreement lawyers can help you ensure that your agreement is both valid and effective in protecting your interests.
Is It Legal to Write Your Own Prenup in Illinois?
You can write your own prenuptial agreement in Illinois. However, the agreement must meet the requirements set out in the Illinois Uniform Premarital Agreement Act, which states that a prenup must be in writing and signed by both parties before the marriage. It also has to be entered into voluntarily. If one person feels pressured or does not fully understand what they are signing, a judge may refuse to enforce it.
In addition, both parties must completely and honestly disclose their finances. Hiding assets or failing to disclose debts could make the agreement invalid later. Both of you also need time to review the document before signing it. For example, signing the day before your wedding might be reason enough to question it.
Benefits of Hiring an Attorney for Your Prenup in Illinois
Hiring a lawyer does more than just provide peace of mind. It helps ensure that your agreement meets every legal standard. An attorney can:
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Explain what Illinois law allows and what it does not
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Make sure both sides fully disclose all their finances
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Use clear and enforceable language that reflects your intent
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Review any terms that may be considered unfair or one-sided
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Help prevent future disputes or challenges in court
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Ensure that the agreement is properly executed and notarized so it meets all formal legal requirements
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Update or modify your prenup later if your financial situation or family circumstances change
Having separate lawyers for each party can also show the court that both people understood the agreement and entered it freely. This helps make the prenup more likely to hold up if it is ever reviewed by a judge.
What Can and Cannot Be Included in a Prenup?
A prenuptial agreement can cover most financial matters. However, some topics are off-limits. You can include terms about how property, income, or debts will be divided if you divorce. You may also agree on how spousal maintenance, otherwise known as alimony, will be handled. Couples can make agreements about property rights and the management or control of assets during the marriage.
The court will not accept any terms that attempt to dictate child support or the allocation of parental responsibilities, commonly known as child custody. Those issues are decided based on the best interests of the child at the time of a divorce under 750 ILCS 5/602.7 and 750 ILCS 5/505.
Schedule a Free Consultation With a DuPage County, IL Prenuptial Agreement Attorney
Our firm has been serving clients since 1996 and has extensive experience handling matters involving high-net-worth individuals, estates, and business ownership. Attorney Andy Cores, a Fellow of the Collaborative Law Institute of Illinois and former member of its TEC Committee, brings valuable insight into collaborative negotiation and conflict resolution. With our team’s experience and attention to detail, you can move forward with confidence knowing that your agreement is enforceable.
Call Andrew Cores Family Law Group at 630-871-1002 today to schedule your free consultation with our Wheaton, IL prenuptial agreement lawyers who will ensure your prenup is solid.
