Focused on What the Court Will Consider.
A prenuptial agreement is a contract, and like any contract it is only worth what it will hold up to. LaRocque Law drafts and reviews prenuptial and postnuptial agreements for couples across Cook, DuPage, and Will Counties from our West Loop office. Rebecca LaRocque has focused on Illinois family law her entire career and is involved in every agreement, alongside our other attorneys and support team. We have also litigated what happens when a prenup was done badly, which is why ours are built around the things a judge will look at if the agreement is ever challenged.
One Flat Fee: $4,000
A standard prenuptial agreement is $4,000, flat, for one party. That covers the consultation, your financial disclosure schedule, drafting, up to three rounds of revisions with your fiancé's attorney, and signing. No hourly meter, and no surprise bill after the wedding.
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If your situation involves business interests, trusts, or other complex assets, or you are already married and need a postnup, we quote the fee at the consultation before you commit to anything. Already received a draft from your fiancé's attorney? We review and negotiate agreements drafted by the other side for the same flat fee.
What a Prenuptial Agreement Can Cover
Every couple is different, and your agreement should reflect your specific circumstances. It is important to note that a prenuptial agreement cannot address parenting time, allocation of parental responsibilities, or child support. Illinois courts retain jurisdiction over those issues based on the best interests of the child at the time of any future proceeding — and no agreement signed before children are born can dictate those outcomes. Common provisions include:
Classification of premarital assets and debts — what each person brings in stays theirs
Protection of a family business or professional practice
Inheritance rights and protection of assets intended for children from a prior relationship
Treatment of future income, investments, and property acquired during the marriage
Spousal maintenance — whether to provide for it, waive it, or set defined terms
Financial responsibilities and expectations during the marriage
How property will be divided if the marriage ends
What Makes a Prenup Enforceable in Illinois
Illinois follows the Uniform Premarital Agreement Act (750 ILCS 10). The agreement has to be in writing and signed by both of you, and it takes effect when you marry. No consideration is required beyond the marriage itself. Once you are married, it can only be changed or revoked by another written agreement signed by both spouses.
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A prenup can be thrown out if the spouse challenging it proves either of two things. First, that they did not sign voluntarily. Second, that the agreement was unconscionable when it was signed and, before signing, they were not given fair and reasonable disclosure of the other person’s property and debts, did not waive that disclosure in writing, and did not otherwise have adequate knowledge of it.
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A well-drafted Illinois prenup is built to address both of those arguments before they are made: it is signed with time to spare, each side has had the chance to get their own lawyer, and the disclosure is attached to the agreement so no one can later say they did not know.
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Disclosure: What It Actually Requires
Fair and reasonable disclosure means each of you lays out what you own, what you owe, and what you earn, in enough detail that the other person can make an informed decision. In practice that is a full schedule of assets and debts attached to the agreement as an exhibit: accounts, real estate, retirement, business interests with a stated value, and any expected inheritance you want addressed.
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The disclosure does not have to be perfect to the dollar, but it cannot leave out the things that matter. An undisclosed business or account is the most common reason a prenup ends up in front of a judge. We would rather spend an extra week on the schedules than hand you an agreement with a hole in it.
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Timing: How Far Before the Wedding
Start the conversation three to six months before the wedding. Illinois has no statutory waiting period, and we will draft an agreement up to a couple of weeks before the ceremony if that is where you are, but we will be candid about the risk: a prenup presented in the final days is the easiest kind to attack as involuntary, especially when one side had no lawyer and no time to read it. The longer the gap between signing and the wedding, the harder the agreement is to challenge.
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The time is not for the drafting. It is for both of you to read the agreement, get independent advice, negotiate the terms you actually care about, and sign without pressure. That is what a court is checking for, and it is also what makes the agreement feel fair to both of you ten years from now.
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What a Prenup Cannot Do
A prenuptial agreement cannot reduce or waive child support, and it cannot decide parenting time or the allocation of parental responsibilities. Those are decided on the child’s best interests at the time of any future case, and no contract signed before a child is born can control them. It also cannot penalize a spouse for filing for divorce or dictate personal behavior during the marriage in a way a court will enforce. If someone has told you a prenup can lock in custody, they are wrong, and a prenup that tries is a prenup that invites a challenge to everything else in it.
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One limit on maintenance: if enforcing a waiver would cause undue hardship because of circumstances no one could reasonably have foreseen when you signed, a court can order enough maintenance to avoid that hardship. That is the law, not a drafting flaw, and we tell every client about it up front.
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What Happens Without a Prenup in Illinois
Without an agreement, Illinois law decides for you. Property you owned before the marriage, along with gifts and inheritances made to you alone, generally stays yours. Income earned during the marriage is marital property, and the growth of what you brought in can become marital too. Marital property is divided equitably, which means fairly under the court’s factors and not automatically in half. Maintenance, if it is awarded, follows the statutory guidelines and the judge’s discretion. A prenup replaces those defaults with terms you chose in advance, which is why it matters most for business owners, people with children from a prior relationship, and anyone expecting an inheritance or a large change in income.
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If You Were Handed a Prenup
Receiving a prenup is not an accusation, but you should not sign it the day you get it. Before you sign, find out what you would be giving up compared with what Illinois law would give you without it. As prenuptial agreement attorneys, we review agreements for one spouse only, and we tell you plainly what the document does, what it leaves out, and what is worth negotiating. We look first at whether the disclosure is complete, whether the maintenance terms are one-sided, how the agreement treats growth in a business or investments, and whether you have had real time to read it and respond. If your timeline is tight, tell us early. A rushed signature is a risk for you, and it is also the easiest way for an agreement to be challenged later.
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“When my fiancé’s attorney sent over a prenup, Rebecca helped me see it differently. She explained that it didn’t have to be about distrust, but could be an opportunity for us to choose our own rules instead. She walked me through the agreement, explained what it meant for me, and negotiated changes to terms I wouldn’t have even known to question. I never thought I’d say this about a prenup, but I feel like we’re starting our marriage on a stronger foundation because of it.” — K.F. (excerpt). Past results and client testimonials do not guarantee future outcomes; every case is unique.
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Frequently Asked Questions
Are prenups enforceable in Illinois? Yes. Illinois enforces prenuptial agreements under the Uniform Premarital Agreement Act as long as they were signed voluntarily and were not unconscionable at signing without fair disclosure. The agreements that fail were rushed, one-sided, or signed without one spouse knowing what the other had.
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How far in advance do I need to start? Three to six months before the wedding is ideal. We can work on a shorter timeline, even a couple of weeks out, but the closer to the wedding you sign, the easier the agreement is to challenge, and we will tell you that plainly. Not sure how much time you have? Try our Prenup Timeline Calculator.
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Can a prenup protect a business? Yes, and it is one of the most common reasons to sign one. Without a prenup, a business you owned before the marriage stays non-marital, but its growth, your income from it, and your spouse’s contributions to it can become marital property. A prenup can define the business, its growth, and its income as yours and keep a divorce from forcing a valuation or a sale.
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Do we both need our own attorney? Illinois does not require it, and neither do we, but we recommend it and will not represent both of you. An agreement where one side had no lawyer is easier to challenge as involuntary.
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Can a prenup address spousal maintenance? Yes. It can set, limit, or waive maintenance. The one exception is a waiver that would cause undue hardship because of circumstances that could not reasonably have been foreseen when you signed; a court can then order enough maintenance to avoid that hardship. Child support can never be waived.
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Can we sign a postnup after problems have started? Yes, and reconciliation agreements are a recognized use of a postnup. Because spouses owe each other good faith and the agreement needs consideration of its own, the disclosure and the process matter even more, and each of you should have your own attorney.
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Should I get a prenup, or are they only for wealthy couples? No, they are not only for wealthy couples. People sign them to protect a business, a home, an inheritance, or a professional practice, or to keep one person’s debt from becoming a shared problem. The real question is whether the default Illinois rules fit your situation.
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What if my fiancé refuses to sign? Then there is no agreement, and Illinois law applies as if there were none. A prenup only works when both people sign voluntarily, and pressure is exactly what a court looks for if the agreement is challenged.
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What should I ask for in a prenup? It depends on what you bring in and what you would be giving up. The usual priorities are complete disclosure of the other person’s finances, protection for a business, inheritance, or home you already own, a clear and fair approach to maintenance, how debts are handled, and enough time and your own lawyer to negotiate it. We start by showing you how your situation would be handled without an agreement, so you can see what is worth asking for.
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Can a prenup protect a house? Yes. It can state whether a home bought before or during the marriage stays one spouse’s property, how mortgage payments and improvements made with marital money are treated, and what happens if the home is sold. Without those terms, marital money that goes into the home can give the other spouse a claim to part of it.
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Can a prenup protect me from my spouse’s debt? It can set out who is responsible for debts that exist at signing and debts taken on later, as between the two of you. It does not bind creditors, so we explain what it will and will not do.
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Does a prenup expire? Not on its own. A prenup takes effect when you marry and stays in place unless you both revoke or amend it in writing. Some agreements are drafted so certain terms change after a set number of years, and we can build that in if it fits your situation.
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Can we change a prenup after we marry? Yes, but only by a written agreement signed by both spouses.
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How much does a prenup cost? A standard prenup is a flat fee of $4,000, for one party, including up to three rounds of revisions. Agreements involving business interests, trusts, or other complex assets are quoted individually.
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How much does a postnup cost? Postnups are quoted individually, because the assets and issues vary widely from couple to couple. Call for a quote.
Our Approach to Prenuptial Agreements
Why Clients Choose LaRocque Law
We represent one of you, not both; one attorney cannot advise both sides of the same contract. Illinois does not require your fiancé to have a lawyer, and we do not require it either, but we recommend it every time, because an agreement where one side had independent advice is far harder to attack.
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Our fee is simple: $4,000 flat for drafting or reviewing a standard prenuptial agreement, including up to three rounds of revisions. The fee covers representation of one spouse only. Agreements involving business interests, trusts, or other complex assets, and all postnuptial agreements, are quoted individually at the consultation.
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How long it takes depends mostly on how much time you have before the wedding. When both sides are responsive, the drafting is the fast part, and the more time that passes between signing and the ceremony, the better.
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“I chose LaRocque Law because I never once felt like Rebecca was trying to sell me something. I actually first spoke with her when I was looking for advice for a friend, and she was incredibly helpful without any expectation that I would become a client. That stuck with me. So when I needed a prenup, I knew exactly who I wanted to call. Rebecca was just as straightforward about her fees as she had been with her advice. She quoted me a flat fee, and that was exactly what I paid. No surprise charges or little extras added along the way. It was such a relief to work with someone who was genuinely helpful, transparent, and easy to talk to. The whole experience couldn’t have been easier.” — M.B.
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“She paid incredible attention to detail, and I was extremely happy with both the quality and timeliness of the work.” — Nima J., Google review. Past results and client testimonials do not guarantee future outcomes; every case is unique.
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Cases are handled by Rebecca LaRocque and Tyler Keller. Family law only, in Cook, DuPage, and Will Counties.
Postnuptial Agreements
A postnup is the same conversation after the wedding. Couples sign them when a business takes off, an inheritance arrives, one spouse steps back from a career, or they simply wish they had done a prenup. They are less common than prenups, but we draft them regularly.
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Three things are different. First, the Uniform Premarital Agreement Act does not apply; a postnup is enforced under general contract law, and Illinois courts recognize them. Second, because you are already married, the marriage itself is not the consideration; a postnup has to be supported by consideration of its own, and an agreement that gives one spouse everything and the other nothing is exposed on that point alone. Third, spouses owe each other a duty of good faith that fiancés do not, so a judge looks much harder at a postnup than at a prenup: whether it is fair, whether both people had full information, and whether each had the chance to get their own lawyer. We draft postnups with more disclosure and more process than a prenup, not less, because that is what survives a challenge.
Cook, DuPage, and Will Counties
A prenup is a contract, so it does not matter which county you sign it in. It matters where a divorce would be filed, because that is the court that would enforce it, and we draft every agreement so it reads the same to a judge at the Daley Center, in Wheaton, or in Joliet.