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prenuptial agreement

You just got a letter that says your fiancé wants a prenuptial agreement reviewed before the wedding. A prenuptial agreement is a written contract made by two people before marriage that sets rules for property, debts, income, and financial rights if the marriage ends by divorce or death. It can say what stays separate, what becomes marital, whether one spouse can seek spousal maintenance, and how certain assets will be handled later. To be enforceable, it generally must be entered voluntarily, with fair financial disclosure, and without terms that violate public policy.

In day-to-day life, a prenup matters because it can prevent expensive fights over a house, business interest, retirement savings, or debt. It does not usually control child support or child custody, because courts decide those issues based on a child's best interests at the time of separation, not years earlier in a private contract.

For an injury claim, a prenuptial agreement can affect whether a settlement is treated as separate property or part of the marital estate. That can matter if compensation covers lost wages earned during marriage, future care costs, or pain and suffering. In Illinois, premarital agreements are governed by the Illinois Uniform Premarital Agreement Act, 750 ILCS 10/1, enacted in 1990, and courts may refuse enforcement if an agreement was unconscionable or signed without proper disclosure.

by Tanya Williams on 2026-03-26

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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