Prenuptial Agreements Protect Property Rights

 Posted on June 25, 2026 in Family Law

For some couples, discussing a prenuptial agreement either gets lost in the mix of wedding plans or never comes up at all. Individuals may feel uncomfortable about broaching the subject. They may worry that their partner will take offense or accuse them of "planning for divorce."

However, prenuptial agreements can be a valuable way to avoid disputes down the road. They can also open the door to candid conversations around values and finances. Prenuptial agreements can greatly benefit couples considering marriage.

If you are preparing to get married in 2026, a Wheaton, IL family law attorney can help you decide if a prenup is right for you.

What Is a Prenuptial Agreement?

A prenuptial agreement is a contract that a couple creates. It outlines how the couple will handle financial matters in the event of divorce. This includes the division of marital property, such as the house, bank accounts, and marital debt.

If you or your spouse owns a business, your agreement could also outline your plan for the business interests should divorce become a reality. Prenuptial agreements can also account for things like the payment of spousal support and the payment of attorney's fees in the event of divorce.

Why Should Illinois Couples Consider a Prenup?

The intention of a prenuptial agreement is not to signal that a couple has no faith in their marriage. Rather, it functions the way car or health insurance does. No one wants to have to use their car insurance. In the event of an accident, though, people are typically grateful they have it. Prenuptial agreements can offer a couple peace of mind knowing that decisions about their interests and property will be made by them rather than the government if a divorce happens.

Prenuptial agreements can be especially helpful for those who own significant assets, such as a business. They are also valuable for those considering remarriage. If someone is getting married for the second time, there may be financial concerns related to things like spousal support. A prenuptial agreement can specify how such concerns will be handled.

The Benefits of Discussing a Prenuptial Agreement

Even if a couple ultimately decides against a prenup, discussions about whether they should get one or not can be valuable. Because prenups require full financial disclosure by both parties, couples have the opportunity to have honest, structured conversations about their expectations around money. These may feed into other important conversations, such as how the couple will care for aging parents, what financial goals each partner has, or priorities when figuring out a work-life balance.

Disagreements about finances are one of the leading causes for divorce. Open conversations like this can serve to greatly strengthen the relationship. Conversely, if one person is unwilling to engage in such conversations, it may be a valuable signal to the other that there are deeper issues that need to be addressed before getting married.

What Makes a Prenuptial Agreement Enforceable in Illinois?

For a court to uphold your prenup, it generally needs to meet a few requirements (750 ILCS 10/):

• The agreement must be in writing.
• The agreement must be voluntarily signed by both parties.
• Both spouses must provide full disclosure of their property and financial obligations before signing.
• The terms cannot be unconscionable. This means so one-sided that enforcing them would leave one spouse with essentially nothing.
• Neither party can have been under duress, coercion, or fraud at the time of signing the prenup.

If the court finds a prenuptial agreement unenforceable, it will invalidate it. Prenups do not legally require input from a lawyer to be valid. However, it is strongly recommended that both spouses have independent legal counsel when drafting and signing their prenup. This helps ensure that the terms are acceptable for both spouses. It also makes it more difficult to argue later that a spouse was, for example, coerced into signing.

What Cannot Be Included in Prenuptial Agreements in Illinois?

If children are involved, a prenup cannot predetermine child support. It also cannot outline how parental responsibilities and parenting time will be allocated if the marriage ends.

Even if a couple is in complete agreement on these issues when drafting their prenuptial agreement, a court is not bound by provisions involving children. Instead, Illinois courts decide child related matters at the time of divorce based on the children's best interests.

Contact a DuPage County, IL Prenuptial Agreement Attorney Today

If you are considering marriage and want to explore the benefits a prenuptial agreement might offer you, contact Mirabella, Kincaid, Frederick & Mirabella, LLC. Our experienced Wheaton, IL prenuptial agreement lawyers can help you draft an agreement that is beneficial to both parties and holds up in court.

MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb County. Call us at 630-665-7300 to schedule your initial attorney meeting today.