Illinois Premarital Agreement

ILLINOIS PREMARITAL AGREEMENT

750 ILCS 10/1-11

COMPLETION AND REVIEW GATE

Party A counsel: [________________________________]

Party B counsel: [________________________________]

First complete draft delivered to Party A: [__/__/____]

First complete draft delivered to Party B: [__/__/____]

Party A disclosure delivered: [__/__/____]

Party B disclosure delivered: [__/__/____]

Planned marriage date: [__/__/____]

Execution date: [__/__/____]

☐ Each Party received the final Agreement and all schedules before signing.

☐ Each Party had a meaningful opportunity to review the Agreement with separate counsel.

☐ Each Party supplied a current, written statement of property, financial obligations, income, and material contingent interests.

☐ Material valuations, tax issues, retirement benefits, business interests, trusts, estate rights, and non-Illinois property were separately reviewed where applicable.

☐ No promise, threat, deadline pressure, withheld schedule, undisclosed side agreement, or wedding expenditure is being used to compel signature.

STOP: Do not sign if a schedule is incomplete, a material fact is disputed, or either Party wants more time or advice.

1. PARTIES, PURPOSE, AND EFFECTIVE DATE

This Premarital Agreement ("Agreement") is signed on [__/__/____] by:

Party A: [FULL LEGAL NAME], residing at [ADDRESS]

Party B: [FULL LEGAL NAME], residing at [ADDRESS]

The Parties contemplate marriage to each other on or about [__/__/____]. They make this written Agreement in contemplation of that marriage and intend it to be governed by the Illinois Uniform Premarital Agreement Act, 750 ILCS 10/1-11.

Under 750 ILCS 10/3, a premarital agreement must be in writing and signed by both Parties and is enforceable without consideration. Under 750 ILCS 10/5, this Agreement becomes effective only upon the Parties' marriage.

If the contemplated marriage does not occur, this Agreement does not become effective.

2. FINANCIAL DISCLOSURE

2.1 Attached Disclosures

Party A's disclosure is attached as Schedule A. Party B's disclosure is attached as Schedule B. Each schedule must identify, with reasonable values or good-faith estimates:

• Real and personal property;
• Cash, investments, digital assets, and financial accounts;
• Business, partnership, trust, and contingent interests;
• Retirement, deferred-compensation, equity-compensation, and insurance interests;
• Income and material expected income;
• Mortgages, taxes, loans, guarantees, support obligations, litigation exposure, and other financial obligations; and
• The valuation date, valuation source, and any material uncertainty.

2.2 Acknowledgments

Each Party acknowledges that the Party:

☐ Reviewed the other Party's complete schedule and supporting information requested by that Party or counsel.

☐ Asked all questions the Party considered necessary and received responses before signing.

☐ Identified any disputed, estimated, contingent, jointly owned, or difficult-to-value item on the applicable schedule.

☐ Is not relying on an oral promise or financial representation omitted from this Agreement or its schedules.

2.3 No Generic Disclosure Waiver

This template does not include a waiver of further disclosure. Under 750 ILCS 10/7(a)(2), an unconscionability challenge involves the combined statutory questions of fair and reasonable disclosure, a voluntary and express written waiver of disclosure beyond what was provided, and adequate actual or reasonably available knowledge. Any proposed waiver must be separately drafted after independent counsel identifies the disclosure already provided and the additional disclosure knowingly waived.

3. CONTRACTUAL PROPERTY CLASSIFICATION

750 ILCS 10/4(a)(1)-(3) permits the Parties to contract about rights and obligations in property, management and control of property, and disposition upon separation, dissolution, death, or another identified event.

3.1 Party A Separate Property

As between the Parties and subject to enforceability of this Agreement, the property identified as Party A's separate property on Schedule A, together with the following agreed substitutions and proceeds, will remain Party A's separate property:

[________________________________]

3.2 Party B Separate Property

As between the Parties and subject to enforceability of this Agreement, the property identified as Party B's separate property on Schedule B, together with the following agreed substitutions and proceeds, will remain Party B's separate property:

[________________________________]

3.3 Marital or Shared Property by Agreement

The following property, accounts, contributions, acquisitions, or appreciation will be treated as shared or marital property between the Parties under this Agreement:

[________________________________]

3.4 Income, Appreciation, and Reinvestment

For each material asset or category, select and describe the agreed treatment:

3.5 Joint Title, Commingling, and Written Reclassification

Effect of joint title: [________________________________]

Effect of commingling while traceable: [________________________________]

Effect of using shared funds for separate property: [________________________________]

Required writing to reclassify property: [________________________________]

This section allocates rights between the Parties only. Counsel must separately analyze effects on creditors, taxing authorities, retirement plans, insurers, trust beneficiaries, and other third parties; no third-party effect is represented by this template.

4. MANAGEMENT, TRANSFERS, AND RECORDS

Party A's management authority over separate property: [________________________________]

Party B's management authority over separate property: [________________________________]

Approval required for shared property transactions: [________________________________]

Accounts and titles to be maintained: [________________________________]

Annual or event-based statements and records: [________________________________]

Treatment of loans, gifts, or transfers between the Parties: [________________________________]

The Parties will complete every deed, beneficiary designation, plan consent, trust amendment, corporate approval, tax filing, or other instrument identified by counsel. The responsible Party and deadline for each separate instrument are listed in Schedule D.

5. FINANCIAL OBLIGATIONS AND TAX MATTERS

5.1 Existing Obligations

Each Party remains responsible between the Parties for the obligations allocated to that Party in Schedule A or B, except as expressly reallocated here:

[________________________________]

5.2 Obligations During Marriage

Separate obligations: [________________________________]

Shared obligations: [________________________________]

Guarantees and business obligations: [________________________________]

Reimbursement and accounting process: [________________________________]

This section allocates responsibility between the Parties only. Counsel must separately analyze creditor effects.

5.3 Tax Matters

The Parties will make each tax-filing election when the return is prepared with current tax advice. This template makes no representation about the effect of an allocation on a taxing authority.

Allocation of tax liabilities, refunds, estimated payments, audits, and professional fees: [________________________________]

Tax treatment of transfers, support, businesses, retirement assets, and death provisions reviewed by: [________________________________]

6. SPOUSAL MAINTENANCE

750 ILCS 10/4(a)(4) permits modification or elimination of spousal support. Select one option only after separate counsel and financial review:

☐ No maintenance waiver is made; rights, if any, will be determined under law then applicable.

☐ Each Party waives maintenance from the other, subject to 750 ILCS 10/7(b).

☐ Maintenance is limited as follows, subject to 750 ILCS 10/7(b): [AMOUNT / DURATION / CONDITIONS / TERMINATION EVENTS / SECURITY]

Under 750 ILCS 10/7(b), if a maintenance modification or elimination causes undue hardship in light of circumstances not reasonably foreseeable when the Agreement was executed, a court may require support to the extent necessary to avoid that hardship. This is the Illinois statutory safety valve; this Agreement does not replace it with a public-assistance test.

7. DEATH, ESTATE, AND INSURANCE PROVISIONS

750 ILCS 10/4(a)(3), (5), and (6) permits provisions concerning disposition at death, arrangements through a will or trust, and ownership or disposition of life-insurance death benefits.

Select and describe only provisions reviewed by estate-planning counsel:

☐ No waiver of rights at death is made in this Agreement.

☐ Party A makes the following specific waiver or provision: [________________________________]

☐ Party B makes the following specific waiver or provision: [________________________________]

☐ Will, trust, or transfer-on-death obligation: [________________________________]

☐ Life-insurance ownership and beneficiary obligation: [________________________________]

☐ Residence, homestead, occupancy, or buyout provision: [________________________________]

Separate instruments, beneficiary or plan consents, disclosures, and funding required: [________________________________]

Estate-planning counsel and review date: [________________________________]

8. CHILDREN AND FAMILY MATTERS

Under 750 ILCS 10/4(b), a premarital agreement may not adversely affect a child's right to support. Accordingly:

• This Agreement does not determine or limit child support;
• This Agreement does not predetermine allocation of parental responsibilities, parenting time, decision-making, relocation, or a child's best interests; and
• Any provision interpreted to adversely affect a child's right to support is not intended to be enforced to that extent.

Optional allocation between the Parties of agreed child-related expenses beyond any required support, subject to later court review: [________________________________]

9. VOLUNTARINESS AND ENFORCEMENT RECORD

Each Party states that the Party:

☐ Is signing voluntarily and may decline to sign.

☐ Has capacity to understand the Agreement.

☐ Received and reviewed the final Agreement and all schedules.

☐ Had the opportunity for separate legal advice and is identified with counsel above.

☐ Understands the property, maintenance, death, and dispute provisions selected.

☐ Has not relied on an undisclosed promise about the marriage, wedding, property, support, inheritance, or enforcement.

750 ILCS 10/7(a) states the statutory defenses. A Party may prove lack of voluntary execution. A Party may also prove that the Agreement was unconscionable when executed and satisfy the three disclosure, written-waiver, and knowledge conditions in § 7(a)(2)(i)-(iii). Unconscionability is decided by the court as a matter of law under § 7(c).

If the marriage is determined void, 750 ILCS 10/8 makes an otherwise qualifying agreement enforceable only to the extent necessary to avoid an inequitable result.

Under 750 ILCS 10/9, an otherwise applicable limitation period for a claim under the Agreement is tolled during the marriage, while equitable defenses including laches and estoppel remain available.

10. AMENDMENT AND REVOCATION

After marriage, 750 ILCS 10/6 permits amendment or revocation only by a written agreement signed by both Parties; the amendment or revocation is enforceable without consideration.

This Agreement may not be amended by oral statement, informal course of conduct, or unilateral notice. Counsel should prepare any amendment or revocation and update affected estate, title, beneficiary, tax, or business instruments.

Notarization is included below as an evidentiary safeguard; the text of 750 ILCS 10/3 and /6 requires a signed writing but does not state a notarization requirement. Use electronic signatures only after Illinois counsel confirms the intended method satisfies all applicable signature and evidentiary requirements.

11. INTERPRETATION AND DISPUTE ADMINISTRATION

Illinois construction clause: The Parties select Illinois law to govern construction of this Agreement as permitted by 750 ILCS 10/4(a)(7), subject to any mandatory law governing a person, asset, plan, or proceeding.

Notice address for Agreement-related communications: [________________________________]

Good-faith meeting or mediation procedure, if desired: [________________________________]

Court and county, subject to jurisdiction and venue law at the time of filing: [________________________________]

No arbitration clause, jury waiver, automatic fee-shifting clause, liability cap, bond waiver, or predetermined injunction is included. Any such provision requires a separately researched and counsel-approved addendum that preserves nonwaivable family-law issues and court authority.

If a provision is unenforceable, the Parties request enforcement of the remaining provisions only to the extent the court determines the Agreement and remaining terms may lawfully operate.

12. COMPLETE AGREEMENT

This Agreement and Schedules A-D state the Parties' complete agreement on their premarital financial arrangements. No recital or schedule overrides the statutory enforcement standards.

Each Party will receive a complete signed copy, including every schedule, promptly after execution.

13. SIGNATURES

PARTY A

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

PARTY B

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Optional Notary Acknowledgment — Party A

State of Illinois
County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY A NAME].

Notary signature: ______________________________________________

Printed name: [________________________________]

Commission expires: [__/__/____]

Optional Notary Acknowledgment — Party B

State of Illinois
County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY B NAME].

Notary signature: ______________________________________________

Printed name: [________________________________]

Commission expires: [__/__/____]

SCHEDULE A — PARTY A FINANCIAL DISCLOSURE

Annual and other material income: [________________________________]

Contingent interests and obligations: [________________________________]

Party A certifies that Schedule A is complete and accurate to the best of Party A's knowledge as of [__/__/____].

Party A signature: ______________________________________________

SCHEDULE B — PARTY B FINANCIAL DISCLOSURE

Annual and other material income: [________________________________]

Contingent interests and obligations: [________________________________]

Party B certifies that Schedule B is complete and accurate to the best of Party B's knowledge as of [__/__/____].

Party B signature: ______________________________________________

SCHEDULE C — SHARED PROPERTY AND OBLIGATIONS

SCHEDULE D — IMPLEMENTATION CHECKLIST

SOURCES AND REFERENCES

• Illinois Uniform Premarital Agreement Act, 750 ILCS 10/1-11: https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2087&ChapterID=59&Chapter=FAMILIES&MajorTopic=RIGHTS%20AND%20REMEDIES&Print=True

The complete current Act was checked on 2026-08-02. The official ILGA text shows the operative sections sourced to P.A. 86-966, with § 11 also citing P.A. 86-1028. An exact-name current-bill search found no 2025-2026 bill amending the Illinois Uniform Premarital Agreement Act.

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