Prenuptial agreements are not just for the ultrarich or celebrities. If you have any personal or business assets you wish to protect, or if you wish to have control over how your divorce will pan out, you can benefit from a prenuptial agreement. That said, just because you draft an Illinois prenuptial agreement does not mean it is valid in a court of law. There are certain elements that separate a valid prenup from an invalid one. FindLaw details those elements in brief.
According to FindLaw, Illinois courts will recognize a prenuptial agreement that includes a provision regarding the division of property in case of divorce, separation or death. The law will also recognize any provisions regarding the right to sell, buy, transfer, use, exchange, abandon, expend, lease, consume, assign, create a security interest in, encumber, mortgage, dispose of or otherwise control and manage a property. If you and your spouse wish to include a provision regarding the elimination of spousal support, or that dictates spousal support in any way, you have the right to do so.
However, if your agreement contains any criminal activity, or if it is against public policy in any way, the Illinois courts will not recognize it as enforceable. The same goes for if your agreement contains any terms that adversely affect your child’s right to child support, to which all courts agree every child is entitled.
The content shared in this post is for informational purposes only. It should not be construed as legal advice.