Under the Premarital Agreement Act, a premarital agreement was to be held invalid and unenforceable if the party challenging it proved that The Uniform Premarital Agreement Act was adopted by Illinois, effective 1 January 1990, and applied to all prenuptial agreements executed on or after that date.
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a premarital agreement that governed property and maintenance rights was "valid and enforceable as long as three conditions are met: (1) the agreement does not create an unforeseen condition of penury due to one spouse's lack of property or employability (2) the parties entered into the agreement with full knowledge, free of fraud, duress, or coercion and (3) the agreement is fair and reasonable."
History: Before 1 January 1990, the validity of prenuptial agreements was determined by Illinois common law, which said that Prenups ensure predictabilityby identifying and dictate the disposal of property (including premarital purchases and wedding gifts), define alimony payments, protect family-owned businesses, and limit possible future divorce litigation. A 2019 change in Illinois' property division law, however, now makes prenups a good idea for just about everyone. They used to be a good fit for only a few marrying couples - usually just the very wealthy or those with a prior family.
Prenuptial agreements are flexible and enforceable just like any other kind of contract.