Are There Limitations to What Can Be Included in a Prenuptial Agreement?

Are There Limitations to What Can Be Included in a Prenuptial Agreement?

Marriage is a beautiful life journey shared by two people, where all aspects of life—emotional, financial, and personal—become entwined. It is a partnership built on trust, love, and mutual respect, but it also comes with practical responsibilities. Many couples, when starting on this path, choose to create prenuptial agreements as a means of clarifying financial expectations and protecting their interests. These agreements can help outline how assets will be managed, ensure transparency, and provide peace of mind, allowing couples to focus on building a strong foundation for their future together. However, Illinois law does place a few specific restrictions on what can be included in a prenuptial agreement.

In Illinois, restrictions on prenuptial agreements include:

• Child custody and support arrangements
• Spousal support waivers, under certain conditions
• Illegal or unethical clauses
• Partial asset disclosure

At Heckman Law, we recognize that understanding these limitations can be helpful in ensuring you address your prenuptial agreement properly. A divorce attorney from our firm can work with you to help you confirm that your prenuptial agreement is valid and enforceable.

Child Custody and Support Restrictions

Illinois law strictly prohibits including child custody or child support provisions in prenuptial agreements. This restriction is outlined in Illinois statute 750 ILCS 10, which, along with overall child custody guidelines, prioritizes the best interests of children above all else.

In the event of a divorce, courts must carefully evaluate any custody arrangements based on the family’s current circumstances and the child’s best interest guidelines. Child support amounts also depend on income levels and state guidelines that exist at the time the parents separate or divorce. These decisions cannot be predetermined years in advance through a prenuptial agreement.

Spousal Support Limitations

Prenuptial agreements can include spousal support waivers. However, courts retain the authority to invalidate these waivers if they create unreasonable hardship for one spouse. The court typically evaluates these situations based on circumstances at the time of divorce, not when the agreement was signed.

Prohibited Clauses and Requirements

Several types of clauses cannot appear in valid prenuptial agreements:

• Illegal provisions: Any clause that violates state or federal law is unenforceable. This includes any arrangements that appear to encourage illegal activities or violate public policy.
• Unethical requirements: Provisions that impose unreasonable restrictions on personal behavior or fundamental rights will not hold up in court.
• Incomplete disclosure: Both parties must provide complete and accurate information about their assets, debts, and income. Hiding financial information or providing false details can invalidate the agreement.

Protect Your Agreement’s Validity With an Attorney’s Assistance

Creating a valid prenuptial agreement requires careful attention to Illinois legal requirements. Working with an experienced attorney helps ensure your agreement complies with state law and protects your interests. An attorney can also ensure proper disclosure requirements are met and the agreement follows correct legal procedures so as to be enforceable.

Creating a proper prenuptial agreement is not a task to take on alone. Contact Heckman Law today to discuss your specific situation and find the legal help you need. We can help you develop an agreement that meets Illinois legal standards while protecting your future.