These practice area statements are provided by the attorneys from Murphy & Dunn and represent their thoughts on practicing law over the past 36 years in family law. They are not legal advice. They are a general overview of the law, with specific statutes cited for your review, and opinions on how they generally apply in divorce cases in Illinois. Each and every case is different.
To learn more, and to see if the attorneys and staff at Murphy & Dunn, P.C. can help you, please visit our Contact page to schedule your free initial consultation.
The content and enforceability of premarital agreements in Illinois is governed by the Illinois Uniform Premarital Agreement Act, 750 ILCS 10. The law is summarized as follows:
A premarital agreement must be in writing and signed by both parties. Parties to a premarital agreement may enter into a contractual agreement with respect to the following content: 1) the rights of the parties in any property of the either party, whenever acquired, 2) the rights to dispose, manage, or control property, 3) the disposition of property upon separation, divorce, or death, 4) the modification or elimination of spousal support, 5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement, 6) ownership and disposition of death benefits from life insurance policies, 7) the choice of law governing the agreement, 8) and any other matter not in violation of public policy or criminal statute.
A premarital agreement is NOT enforceable if a party proves that: 1) the party did not sign the agreement voluntarily; OR 2) the agreement was unconscionable when it was signed AND, before signing that party: i) was not provided fair and reasonable disclosure of property or financial obligations of the other party, ii) did not waive the right to said disclosure, AND iii) did not have adequate knowledge of the property or financial obligations of the other party.
Murphy & Dunn, P.C. has a team of attorneys well experienced in the drafting, negotiating, reviewing, and enforcing of Premarital and Prenuptial Agreements. Schedule a FREE consultation to review your current situation and potential path to a favorable resolution.
These practice area statements are provided by Attorney G.Edward Murphy and his attorneys, and represent his thoughts on practicing law after having 35 years’ experience. They are not legal advice. They are a general overview of the law, with specific statutes cited for your review, and his opinions on how they generally apply in divorce cases in Illinois. Each and every case is different. To learn more, and to see if the attorneys and staff at Murphy & Dunn, P.C. can help you, please contact Murphy & Dunn, P.C. to schedule your FREE initial consultation.