Naperville, IL Marital Agreement Lawyers

Knowledgeable Prenuptial and Postnuptial Agreement Attorneys in Naperville, Illinois

There is no anticipating when, if ever, a marriage might end. A happy couple might not want to contemplate the possibility of divorce, but in many cases, entering into a marital agreement can provide certainty and peace of mind—even if divorce never comes into the picture. A Naperville, IL family law attorney can review or draft a prenuptial or postnuptial agreement on your behalf, looking out for your interests.

At Fay & Farrow, we are highly familiar with prenuptial agreements, or "prenups," and how they can be applied in a divorce. With decades of legal experience behind us, we can provide you with qualified insights and make sure that the terms in the document are fair to you.

What Terms Do People Include in Prenuptial or Postnuptial Agreements?

Prenuptial and postnuptial agreements can address virtually any aspect of a couple's financial and personal circumstances, provided the terms are lawful and entered into voluntarily. Common provisions include the division of assets and debts, outlining which property remains separate and which becomes marital. Many couples specify spousal support arrangements, setting limits on alimony or waiving support altogether.

Business interests often warrant special attention. A spouse who owns a closely held business may include terms governing valuation methods, buy‐out procedures, or the future sale of the enterprise. Estate planning clauses can ensure that certain heirs or beneficiaries receive designated assets, even after a divorce. Confidentiality provisions may protect sensitive information, and dispute resolution clauses can require mediation or arbitration rather than litigation. Finally, couples sometimes include lifestyle or "sunset" clauses, under which the agreement expires after a specified number of years of marriage.

Requirements for Signing a Prenup in Illinois

Illinois law imposes several formal requirements on premarital agreements to ensure their enforceability. First, the agreement must be in writing, signed by both parties before the marriage takes effect. Oral agreements carry no legal weight. Second, each spouse must provide a fair and reasonable disclosure of their assets, liabilities, and income. Without full disclosure, the agreement may later be challenged as invalid.

Third, the terms must not be unconscionable at the time of signing. A court will examine whether the agreement was fair in light of each party's information and circumstances. Fourth, both parties should have an opportunity to seek independent legal counsel. While legal advice is not strictly mandatory, failure to consult with separate attorneys increases the risk that a court will invalidate the agreement for lack of understanding or undue influence.

When Could a Prenup Be Denied?

A court may refuse to enforce a premarital agreement if the circumstances under which it was signed undermine its fairness. For example, if one spouse failed to reveal significant assets or liabilities, the agreement may be deemed unconscionable and therefore invalid.

Agreements containing terms that heavily favor one party at the expense of the other can also be set aside. If the balance of power was skewed—whether through unequal bargaining strength or hidden information—a court may void the entire contract or strike the unfair provisions.

Signs of coercion or duress can lead to denial as well. If one party was pressured into signing, a judge may conclude that the consent was not truly voluntary. Similarly, agreements signed under threat or manipulation rarely survive judicial scrutiny.

Finally, any clause that attempts to override fundamental public policies, such as waiving a child's right to support, will be declared unenforceable. While the remainder of the agreement may remain intact, provisions that conflict with Illinois law or the best interests of children cannot stand.

Contact a Naperville Marital Agreement Attorney Today

At Fay & Farrow, our attorneys listen to your objectives, explain complex legal concepts in plain language, and negotiate agreements that reflect your priorities and values. Call 630-961-0060 or contact our Naperville marital agreement attorneys to set up a free consultation.