Chicago Prenuptial Agreement Attorneys

Are You in Need of a Chicago Prenuptial Agreement Attorney?

A prenuptial agreement is more than just a financial tool; it is a forward-looking legal contract designed to protect both individuals entering a marriage. At Nottage and Ward, LLP, we help clients draft, review, and enforce prenuptial agreements with clarity and sensitivity to your unique situation.

If you’re planning to marry and want to protect your assets, clarify financial responsibilities, or safeguard your business interests, a prenuptial agreement is worth considering. Contrary to outdated misconceptions, prenups are not about anticipating divorce. They are about creating mutual understanding and managing expectations.

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Why Choose US Over Other Prenuptial Agreement Lawyers in Chicago?

Whether you have accumulated significant wealth, own a business, or are entering a second marriage, a prenuptial agreement can offer peace of mind and minimize uncertainty. People in Chicago feel secure with working with Nottage and Ward, LLP for these reasons:

• Over 35 Years of Family Law Experience: Since 1988, we have focused exclusively on family law, giving us decades of perspective and insight into the evolving legal and financial considerations that affect modern relationships.
• Focused Representation for Professionals and High-Net-Worth Individuals: Our firm regularly represents clients with substantial assets, business interests, or executive compensation packages, tailoring agreements to account for income complexity, future growth, and financial risk.
• In-Depth Knowledge of Illinois Prenuptial and Maintenance Laws: We stay current on changes in Illinois statutes and case law, ensuring every agreement complies with legal standards while strategically addressing potential disputes related to maintenance and property division.
• Inclusive Representation for Same-Sex Couples: We are proud to represent individuals and couples across the LGBTQ+ community, offering knowledgeable, respectful legal counsel that reflects the diverse family structures of today.
• Skilled in Drafting, Reviewing, and Litigating Prenups: Whether you’re creating an agreement from scratch or responding to a draft prepared by another party, we provide meticulous review, clear negotiation strategy, and strong courtroom advocacy if a dispute arises.
• Strategic Planning for Business Owners and Complex Financial Situations: We work closely with financial advisors, accountants, and other professionals to create prenuptial agreements that anticipate future income, protect business interests, and withstand legal scrutiny.

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Have Questions About Prenups? Let’s Talk

These are important decisions that require careful consideration. Call (312) 332-2915 to learn more today.

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How an Attorney Can Help

Creating an enforceable prenuptial agreement requires more than a template downloaded online. Illinois courts have specific requirements for validity, and any oversights or ambiguities can render your agreement unenforceable. An experienced attorney can:

• Ensure the agreement complies with Illinois laws
• Help you understand your rights and obligations
• Disclose and review all financial information
• Negotiate terms that are fair and legally defensible
• Protect your interests without creating unnecessary conflict
• Offer clear explanations to both parties and work with other legal counsel if needed

If your partner already has an attorney drafting the agreement, you should retain independent counsel to ensure your interests are equally represented.

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Smart Planning Starts with the Right Legal Guidance

Connect with Nottage and Ward, LLP at (312) 332-2915 to discuss your prenuptial agreement options.

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Prenuptial Laws in Illinois

In Illinois, prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act (750 ILCS 10/1). This law outlines the requirements that must be met for a prenup to be valid and enforceable. Illinois courts will generally enforce a prenuptial agreement if it meets the following core requirements:

• Voluntariness: Both parties must enter into the agreement freely and voluntarily. Any indication of coercion, pressure, or signing under duress, such as presenting the agreement right before the wedding or without adequate time to review, can render it unenforceable. Courts carefully examine the circumstances under which the agreement was executed.
• Full and Fair Disclosure: Each party must provide a complete and honest disclosure of their financial situation at the time the agreement is made. This includes income, assets, debts, liabilities, and any other material financial information. Inadequate or incomplete disclosure can serve as grounds for challenging the agreement later.
• Fairness: Although the law allows parties to negotiate terms that may favor one side, the agreement cannot be so one-sided that it becomes unconscionable. For example, a prenup that leaves one spouse with no financial support after a long-term marriage, despite their contributions, may not be upheld. The court may consider the fairness of the terms at the time of both execution and enforcement.
• Written and Signed: Illinois does not recognize oral prenuptial agreements. To be valid, the agreement must be in writing and signed by both parties. Any amendments or revocations must also be made in writing and signed by both spouses.

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When to Choose a Prenuptial Agreement

Prenuptial agreements are a proactive step for individuals in various situations. Consider a prenup if:

• You have substantial personal or family wealth
• You own intellectual property, real estate, or a closely held business
• You’re marrying later in life with established financial independence
• One or both parties have children from prior relationships
• You want to clarify how future income or assets will be handled
• You’re entering a second or third marriage and wish to preserve certain assets

Ultimately, a prenuptial agreement is about transparency, protection, and communication—not distrust. Having one can reduce stress and uncertainty if the unexpected ever occurs.

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What Is the Process for Making Changes to a Prenup?

Circumstances change, and so can the terms of a prenuptial agreement. Illinois allows for modification or revocation of prenups after marriage, but it must be done in writing and signed by both parties.

An attorney can help you:

• Amend specific clauses to reflect new financial circumstances
• Reaffirm the entire agreement after significant life events (e.g., childbirth, starting a business)
• Revoke the agreement entirely, if both parties agree

It’s important that any changes be made voluntarily and with the same legal care as the original agreement to ensure future enforceability.

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Can a Prenuptial Agreement Be Invalidated?

There are circumstances in which a prenuptial agreement can be deemed invalid; therefore, it is best for couples to consult with an experienced Chicago prenuptial agreement lawyer when drafting a prenup. Cases where prenups may not be honored by the state include:

• One party is not represented by an attorney.
• The document is not in writing, or it is not signed in writing by both parties.
• Unconscionable - If the prenuptial agreement is grossly unfair, a court may find it invalid. Agreements where one party is allotted substantially more than the other, or where one party isn't allotted anything may not be enforceable.
• False or incomplete information - Each spouse must consent and willingly disclose and sign the agreement honestly. The document must contain truthful and complete information; failure to disclose certain assets or financial information may invalidate the agreement.
• Duress or coercion - Illinois law states that the signing of a prenuptial agreement must be voluntary. The Illinois Supreme Court defines duress as "a condition where one is induced by a wrongful act or threat of another to make a contract under circumstances which deprive [the individual] of the exercise of free will."

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Why You Should See a Lawyer Right Away

Timing matters when it comes to prenuptial agreements. Courts may view agreements signed too close to the wedding date as coerced or rushed. Ideally, a prenup should be discussed and finalized well before the ceremony to ensure both parties have time to review, understand, and voluntarily consent.

Meeting with a Chicago family law attorney early in the engagement also provides time for thoughtful financial planning. Your attorney can help assess your situation, suggest clauses you may not have considered, and coordinate with financial advisors or business counsel if needed.

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Prenuptial Agreements in Chicago

Prenuptial agreements in Chicago are governed by the Illinois Uniform Premarital Agreement Act. These agreements are particularly helpful for couples who:

• Have significant premarital assets
• Own or co-own a business
• Have children from a prior relationship
• Expect large inheritances or gifts
• Want to define terms for maintenance (spousal support) in advance

A prenup can also address debt responsibility, property distribution, and other financial matters. However, provisions, like those relating to child allocation or parenting time, cannot be predetermined in a prenup and must be resolved at the time of divorce or separation based on the best interests of the child.

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Speak With a Chicago Prenuptial Agreement Attorney Today

If you’re preparing for marriage and want to explore your options for a prenuptial agreement, contact Nottage and Ward, LLP. Our legal team is committed to protecting your interests with clarity, respect, and skill.

Call us at (312) 332-2915 to schedule a consultation and learn how we can help you plan for a secure future.

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What Clients Are Saying About Us

Professional and Very Caring -Mac Ace (5-Star Avvo Review)

Excellent, Professional and Very Caring. Handled everything efficiently, and with great professionalism.

Truly a great advocate - Laura (5-Star Avvo Review)

Jeffrey is an awesome attorney! He was a very strong, thorough, tough advocate for me at a very difficult time in my life. Not only was Jeffrey terrific at handling the current issues in my case, he also helped me think about and plan for my future life after the case. Jeffrey is truly a great advocate.

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Prenuptial Agreement FAQs

What is a prenuptial agreement?

A prenuptial agreement (or "prenup") is a legally binding contract signed before marriage that outlines how assets, debts, and financial responsibilities will be handled during the marriage and in the event of a divorce or death. It helps both parties enter the marriage with clear expectations and protections.

Do I need a prenuptial agreement if I’m not wealthy?

A prenup isn’t just for the wealthy. It can benefit anyone who wants to clarify financial expectations, protect business interests, manage debt liability, or safeguard family inheritances—regardless of asset size.

Can a prenuptial agreement cover maintenance?

Yes, under Illinois law, prenuptial agreements can include provisions for maintenance. However, the court retains the right to review such provisions to ensure they are not unconscionable at the time of enforcement.

Are prenuptial agreements enforceable in Illinois?

Yes, as long as the agreement meets certain legal standards. This includes being in writing, and voluntarily signed by both parties, with full disclosure of financial information. Agreements must also be fair and not unconscionable.

Can we use the same lawyer for our prenup?

It’s strongly recommended that each party have separate legal counsel. This helps ensure the agreement is enforceable and that each person's rights and interests are independently protected.

Can a prenuptial agreement be changed after we’re married?

Yes. A prenup can be amended or revoked after marriage, but any changes must be made in writing and signed by both spouses voluntarily.

What happens if we don’t have a prenuptial agreement?

Without a prenup, your property and financial matters will be governed by Illinois divorce laws. This includes equitable distribution of marital assets and potential court-ordered maintenance, which may not align with your preferences or intentions.

Can a prenup determine parenting time or child support?

No. Illinois law does not allow prenuptial agreements to determine allocation of parental responsibilities or parenting time. These issues, as well as any possibilities of child support, are always decided based on the child’s best interests at the time of separation or divorce.

What could make a prenuptial agreement invalid?

Common reasons for invalidation include lack of voluntary consent, inadequate financial disclosure, signing too close to the wedding date, unconscionable terms, or failure to comply with Illinois legal requirements.

When should we start the prenup process?

It’s best to begin the prenup process several months before your wedding. This allows time for negotiation, review by both parties, and avoids the appearance of pressure or last-minute coercion, which could affect enforceability.

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Meet Our Attorneys

Leslie Fineberg

Leslie Fineberg is a dedicated family law attorney and partner at Nottage and Ward, LLP, where she has been helping clients navigate divorce and other family law matters with strength, empathy, and strategic clarity for over two decades.

Leslie focuses her practice on complex divorce cases involving substantial assets, closely held businesses, and sophisticated financial matters. Her clients include professionals, business owners, and high-net-worth individuals throughout the Chicago area. She is also a strong advocate for same-sex couples and individuals navigating modern family dynamics, including parenting agreements and prenuptial planning.

Jeffrey Knipmeyer

Jeffrey Knipmeyer is the managing partner at Nottage and Ward, LLP, where he has devoted his career to the thoughtful, strategic representation of individuals navigating complex family law matters. Jeffrey has spent over three decades guiding clients through divorce, maintenance, allocation of parental responsibilities, and high-asset property division with intelligence, discretion, and unwavering professionalism.

Jeffrey understands the financial and emotional nuances involved in modern family structures and approaches each matter with a balanced combination of legal insight and practical sensitivity. His work often involves crafting and litigating prenuptial agreements, negotiating complex settlement agreements, and representing clients in high-stakes financial disputes.

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Additional Information

• Prenuptial Agreements Among Doctors and Lawyers in Chicago
• Second Marriage Prenups in Illinois: What Changes and Why It Matters
• Celebrity Prenups: Why They Matter (and When They Can Be Challenged)
• Why Get a Prenuptial Agreement?