Many couples in Illinois create prenuptial agreements to protect their finances and avoid court battles down the road. But what happens if one spouse later wants to challenge the prenup? Can a prenup be thrown out in Illinois? In this article, a Champaign divorce lawyer from Rincker Law PLLC explains the most common reasons prenups are challenged—and what you can do to make sure yours is enforceable.
Yes, Prenups Can Be Challenged in Illinois
Just because a prenup is signed doesn’t mean it’s automatically valid. Illinois courts follow the Illinois Uniform Premarital Agreement Act (750 ILCS 10/1), which sets clear standards for enforceability. If a prenup doesn’t meet those requirements, it may be partially or fully thrown out.
5 Reasons a Prenup Can Be Thrown Out
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The Agreement Was Signed Under Duress or Coercion
If one party was pressured to sign the agreement—or didn’t have time to review it properly before the wedding—a judge may decide it wasn’t entered into voluntarily. Examples of red flags include:
- One partner springing the prenup days before the wedding
- Threats or emotional pressure to sign
- No chance to consult with a lawyer
To avoid this, both parties should sign the prenup well in advance of the wedding and have time to review it with separate legal counsel.
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There Wasn’t Full Financial Disclosure
Illinois law requires that both parties disclose their assets and debts honestly and completely. If one person hides key information—like income, investments, or liabilities—the court could invalidate the agreement.
Even if the document says that financial disclosure was waived, a judge may still consider whether the lack of transparency was unfair or deceptive.
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The Prenup Is Unconscionable
A prenup can’t be shockingly one-sided or unfair. If one person ends up with everything and the other is left with nothing—especially after a long marriage—the court may rule the agreement is unconscionable and refuse to enforce it.
Factors that could lead to this outcome:
- No spousal support for a stay-at-home parent
- A large wealth gap with no protections
- A dramatic change in circumstances (e.g., disability or loss of income)
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One Party Didn’t Have Independent Legal Representation
While not legally required, it’s strongly advised that both parties have their own attorneys review the prenup. Courts are more likely to enforce agreements when each side had the chance to understand their rights and obligations.
If only one party had legal representation, it could raise concerns about fairness and create an opening for the agreement to be challenged.
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The Terms Violate Public Policy or Law
Some clauses simply won’t hold up in court, even if both people agree to them. Illinois courts won’t enforce prenup terms that:
- Dictate child custody or child support
- Encourage divorce
- Include illegal conditions
- Strip away basic legal rights unfairly
The judge can strike down the entire agreement or just the problematic sections.
How to Make a Prenup Enforceable in Illinois
If you’re planning to sign a prenup—or you’re concerned about the validity of one already in place—here are a few steps to strengthen its legal standing:
- Hire separate attorneys: Both partners should have their own legal counsel.
- Sign early: Finalize the agreement well before the wedding.
- Disclose everything: Be honest about income, assets, and debts.
- Keep it fair: Avoid one-sided or extreme terms.
- Update if needed: A prenup can be amended after marriage if circumstances change.
Speak with a Champaign Divorce Lawyer About Your Prenup
At Rincker Law PLLC, we help couples in Champaign County and throughout Central Illinois create strong, enforceable prenuptial agreements. We also assist clients who need to challenge or defend a prenup during a divorce.
If you have questions about whether your prenup is valid—or you’re thinking about creating one—call Rincker Law PLLC today at (217) 774-1373 to schedule a confidential consultation.