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By: tompmiller | June 13, 2018

Use of Prenups or Premarital Agreements in Illinois is on the rise. Individuals that have been divorced, or have children from previous relationships, or have substantial assets, either a business or family trust or inheritance often consider a prenup. However, young, first time engaged couples, straight and same-sex, are also seeking the protection of a premarital agreement more and more.

A sometimes overlooked benefit of a prenup is simplicity in the event of divorce. Sure, the prenup can protect your assets, income and protect you from the other party's debts. It can bar your spouse from seeking alimony or maintenance as well, and can prohibit the spouse from inheriting in the event of your death, protecting your estate for the benefit of...

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.