Can You Update or Cancel a Prenup in Illinois?

 Posted on November 18, 2025 in Prenuptial Agreements

Premarital agreements, also known as prenuptial agreements or prenups, are not always set in stone. Life changes, and what made sense before marriage might not reflect your current circumstances. Illinois law allows you to modify or revoke a prenup, but only under certain conditions. Working with an experienced Kane County, IL premarital agreement lawyer ensures that your prenup is enforceable in court or ruled out as no longer legally binding, depending on the situation.

Can You Update a Prenup After Marriage in Illinois?

Under the Illinois Uniform Premarital Agreement Act, a prenup can be amended or revoked only through a written agreement signed by both spouses. Verbal changes or informal promises will not hold up in court. Couples often choose to update their prenup when significant life changes occur. Some common reasons to revise your prenup include:

• Starting or expanding a business

• Receiving a large inheritance or gift

• Buying a new home or investment property

• Having children and adjusting financial priorities

• Significantly changing income or careers

• Acquiring or selling major assets, such as investments or real estate

• Taking on new debt or financial obligations

Every update must be voluntary, fair, and based on full financial disclosure. If either spouse hides assets or pressures the other into signing, the revised agreement can later be challenged in court.

Can a Prenup Ever Be Canceled Without Your Spouse’s Consent?

You typically cannot cancel a prenup on your own. Both spouses must agree in writing to revoke the document. However, there are situations in which a court may decide to invalidate the prenup entirely.

Under 750 ILCS 10/7, a judge may find a prenuptial agreement unenforceable if it was not signed voluntarily or if one spouse failed to share important financial information. The court may also reject the agreement if its terms are so one-sided that they are considered unconscionable. If you believe your agreement was unfair or signed under pressure, an attorney can help you ask the court to review it.

What Is the Legal Process to Change or Cancel a Prenup in Illinois?

To modify or revoke a prenuptial agreement, both you and your spouse should first review the existing document with your attorneys. After discussing and agreeing on any changes or the decision to revoke it, you must prepare a new written agreement that clearly reflects the terms you are comfortable with. Under 750 ILCS 10/3, your new agreement must be signed voluntarily by both parties. Ideally, you would have it notarized to avoid disputes later.

Should You Hire a Lawyer to Modify or Revoke a Prenup?

Updating or canceling a prenup without professional help can lead to confusion or unenforceable results. Illinois family law requires clarity, fairness, and full disclosure. Each spouse should have independent legal counsel to make sure the new document truly reflects both parties’ intentions.

A lawyer can explain how proposed changes might affect property division, spousal support, or future financial security. Your attorney will also confirm that your updated or revoked agreement follows state law and stands up in court if challenged.

Schedule a Free Consultation With a Batavia, IL Prenuptial Agreement Attorney

If you are thinking about changing or canceling your prenuptial agreement, you need legal assistance you can trust. Attorney Van Larson began his career as a prosecutor with the Kane County State’s Attorney’s Office. He was later appointed by the Judiciary as one of the county’s first Special Conflict Defenders. With decades of family law experience, his firm provides thoughtful, results-driven legal counsel.

Call 630-879-9090 to schedule a free consultation with a Kane County, IL premarital agreement lawyer at Van A. Larson, P.C. today.