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By: tompmiller | April 29, 2016

It is arguable  that in Illinois, the most important component of a Prenuptial Agreement is the Exhibit listing each party's income, and interest in assets and debts. A prenup without such a list, is almost without a doubt unenforceable in Illinois. The reason for this is simple: you can sign off on most marital rights and obligations, but you need to be informed in so doing.

It is policy in Illinois to favor marriages. Illinois also recognizes the freedom to contract. The State does not want someone to not marry because he or she is prohibited from protecting themselves by contract. However, Illinois does not want either spouse to enter into a premarital contract/agreement, without knowing the bargaining power of the other party either.