5 Tips for Writing a Strong Prenup

 Posted on July 28, 2025 in Prenuptial & Postnuptial Agreements

Marriage is not just an emotional commitment; it is also a financial partnership. For many couples, creating a prenuptial agreement is a legally binding way to set clear expectations and protect the future they are building together. Whether entering a first marriage with modest savings or a second marriage with significant assets and children from a prior relationship, a well-crafted prenup can help avoid misunderstandings and minimize conflict down the road.

To ensure a prenuptial agreement is enforceable, it must meet specific legal requirements. By working with a Wheaton, IL family law attorney, you can feel confident that your agreement reflects your goals and complies with state law. 

Start the Drafting Process Early

Timing is one of the most important factors in drafting a prenuptial agreement, as waiting until the last minute can jeopardize its validity. If one spouse later claims he or she was pressured to sign shortly before the wedding, a court may find that the agreement was entered into under duress and refuse to enforce it.

To avoid this risk, it is key to start discussing a prenup several months before your wedding date. This will allow you and your spouse to have open and thoughtful conversations about your financial goals, gather the necessary documents, and consult with your respective attorneys. Beginning the process early shows that both you and your spouse are entering into the agreement voluntarily and without undue pressure.

Disclose All Assets and Debts

Full financial disclosure is another critical step in creating a legally sound prenuptial agreement. Illinois law states that a prenup may be challenged if one spouse can show that he or she was not given a fair and reasonable disclosure of the other spouse’s financial situation.

Each party should prepare a thorough list of his or her:

• Bank accounts, investments, and retirement funds

• Real estate holdings and valuable personal property

• Business interests or partnerships

• Outstanding debts, including credit cards, student loans, and mortgages

By exchanging this information, both partners can make informed decisions about how to structure the agreement. Transparency at this stage also reduces the likelihood of a court finding the agreement unfair or invalid in the future. 

Avoid Unfair or Unconscionable Prenuptial Terms

A prenuptial agreement must be fair to both parties to withstand legal scrutiny. Illinois courts have the authority to set aside an agreement that is unconscionable, which means that it is so one-sided that it would be unjust or unethical to enforce it.

For instance, an agreement that would leave one spouse with no marital property or financial support after a long-term marriage will likely be challenged. Similarly, excluding the need for spousal maintenance may not be enforceable if doing so would cause hardship to one spouse due to circumstances that could not have been anticipated at the time of signing, such as illness or a significant change in income.

It is also essential to remember that certain topics are off-limits in Illinois prenups. Courts will not enforce provisions about child custody or child support, as these issues must be decided based on the best interests of the child at the time of the separation.

A family law attorney can help verify that the terms of the prenup are reasonable, balanced, and tailored to your specific situation. By taking these measures, it can increase the likelihood that the agreement will hold up in court.

Ensure Each Spouse Has Independent Legal Representation

While Illinois law does not require each party to have his or her own lawyer, it is highly advisable. Independent legal counsel provides an added layer of protection for both spouses and strengthens the enforceability of the prenup.

Having separate attorneys can give each spouse the opportunity to fully understand the terms and legal consequences of the prenuptial agreement. Independent legal representation also demonstrates that both parties entered the agreement voluntarily without undue influence or pressure. As a result, it can prevent future challenges concerning one spouse claiming the agreement was unfair or that he or she was not properly informed about his or her rights before signing.

If one spouse chooses not to have his or her own lawyer, the agreement may still be valid, but it is far more vulnerable to challenges. Courts are more likely to uphold prenuptial agreements when both spouses have their own attorney and the chance to negotiate the terms with proper and knowledgeable guidance.

Follow Illinois Laws for Validity

Lastly, a prenuptial agreement must comply with Illinois’ legal requirements in order to be enforceable. Under the Illinois Uniform Premarital Agreement Act, a prenup must be in writing—oral agreements are not recognized by the courts. Both parties must sign the agreement before the wedding takes place, and it must be entered into voluntarily, without fraud, duress, or coercion. If there is any indication that one spouse was pressured or misled during the process, a court may refuse to enforce the agreement.

It is also important to understand that a prenuptial agreement does not become legally effective until after the marriage ceremony. If the wedding is canceled or does not happen for any reason, the prenup has no legal force.

Even after the marriage, couples should view their prenuptial agreement as a living document rather than a one-time task. Life circumstances can change substantially over the years, whether it is the birth of a child, a major increase or decrease in income, the purchase of real estate, or the growth of a business. 

In these situations, it is wise to review and, if necessary, update the prenup so it continues to reflect both spouses’ intentions and complies with current legal standards. Regularly revisiting the agreement with the assistance of a family law attorney helps maintain its relevance and enforceability in the future.

Contact a DuPage County, IL Prenup Agreement Lawyer Today

If you are planning to get married and want to protect your finances, a carefully drafted prenuptial agreement can provide clarity and security for both partners. It is crucial to work with a lawyer who understands Illinois law and can guide you through the process.

Contact a Wheaton, IL family law attorney at Goostree Law Group for a free consultation by calling 630-584-4800. We can help you create a prenup that is legally sound and tailored to your unique needs.