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In Illinois, prenuptial agreements must be in writing and signed by both parties in order to be enforceable. Prenuptial agreements can include provisions detailing the division of assets if the relationship breaks down and ends in divorce. Both parties must voluntarily sign the prenuptial agreement.

Can I do my own prenuptial agreement? You do not need an attorney to create or read the prenup before parties agree to it. However, the prenup is much more enforceable if both parties have their own attorney during the prenup process.

Can I do my own prenuptial agreement? You do not need an attorney to create or read the prenup before parties agree to it. However, the prenup is much more enforceable if both parties have their own attorney during the prenup process.

First, the court will decide whether the prenup is procedurally or substantively unconscionable. Second, the court will assess whether there was a fair disclosure of information regarding the parties' property when the prenup was signed. If the prenup fails on both grounds, then it is not valid.

Illinois Law on Prenuptial Agreements The Illinois Uniform Premarital Agreement Act defines the requirements for a valid and enforceable prenuptial agreement: It must be in writing and signed by both parties. Witnesses are not required.

In Illinois, a prenuptial agreement becomes effective upon the legal marriage of the parties. While both parties must sign the agreement, it does not need to be notarized. Additionally, there's no requirement for the agreement to be signed in the presence of witnesses.