Illinois Divorce Law...

Illinois Law - Prenuptial Agreements

Prenuptial agreements are generally enforceable in Illinois.

Illinois has enacted the Uniform Premarital Agreements Act. This act provides that an agreement is enforceable unless :

• The party did not sign voluntarily.
• The agreement was unconscionable when it was signed, and, before it was signed, the party did not know the other party's finances and did not voluntarily waive the right to know.

It also provides that if developments that were not expected when the agreement was signed indicate that it would be a hardship for the spouse not to get spousal support, the court may order spousal support, even if the agreement says there will be none.

Section 5/503(d)(7), Section 10/7.

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