What are the contents of a prenuptial agreement and how can it be amended once it comes into effect?

Full question:

My fiancé and I are planning to tie the knot this winter. Both of us are residents of Illinois and we felt it would be ideal if we could make a prenuptial agreement which is binding. This way we will have everything in order if the relationship turns sour and we can avoid any disputes. But we are confused and blank as to what all goes into getting a prenuptial agreement drafted. What should be the subjects covered, what is the effect of having one and can we make changes later, if necessary?

• Category: Marriage
• Subcategory: Premarital Agreements
• Date: 04/07/2025
• State: Illinois

Answer:

National Conference of Commissioners on Uniform State Law in 1983 drafted the Uniform Premarital Agreement Act (UPAA) to encourage the enforcement of prenuptial agreements. Based on the state laws, the standards of UPAA may vary from state to state. The Illinois state statutes regarding premarital and prenuptial agreements are provided under 750 ILCS 10/1 to 10/11 and they are enforceable by the Illinois court.

The contents of the prenuptial agreement may include any legal matters such as personal rights and obligations, choice of law and so on. 750 Ill. Comp. Stat. Ann. 10/4 enlists the subjects that may be covered under the agreement as follows:
 

“(a) Parties to a premarital agreement may contract with respect to:
(1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4) the modification or elimination of spousal support;
(5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(6) the ownership rights in and disposition of the death benefit from a life insurance policy;
(7) the choice of law governing the construction of the agreement; and
(8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.”
The prenuptial agreement comes into force and is effective only after the marriage. 750 Ill. Comp. Stat. Ann. 10/5 states that “[a] premarital agreement becomes effective upon marriage.”

Any changes, alterations and other amendments are permitted only by a written agreement by the parties under Illinois State law with regard to prenuptial agreement and it is provided under 750 Ill. Comp. Stat. Ann. 10/6 which states that “[a]fter marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.”