What is a Premarital Agreement, and Why Are They Important?

 Posted on December 17, 2025 in Prenuptial Agreements

Many couples say that their wedding day was one of the happiest days of their lives. This happiness can be traced back to the fact that many months and sometimes years go into planning a wedding down to the smallest detail. However, planning for a wedding and marriage are two entirely different things.

It is becoming increasingly more common for couples to negotiate and sign a premarital agreement, otherwise known as a prenup. These agreements are invaluable tools that spell out how a couple will handle debts, assets, and other financial issues if they decide at some point to get divorced.

While some find these agreements to be unromantic, that is not the intention. If you and your partner are considering marriage, it would be wise to consult with a lawyer who has experience guiding couples through discussions about their financial future. At the Law Office of Van A. Larson, P.C., our attorney can confidently draft and review a prenup on your behalf, drawing on decades of legal experience.

Situations Where Couples Should Consider a Premarital Agreement

Under state law, a premarital agreement must be in writing and signed by both parties (750 ILCS 10/3). It is understandably difficult for many soon-to-be newlyweds to contemplate what a future divorce may look like. Nothing in this world is perfect, so preparing for the worst while hoping for the best is healthy and wise. When it comes to premarital agreements, there are specific situations that can provide couples with a greater incentive to sign one:

• Considerable assets or debts before marriage: Premarital agreements can be beneficial if spouses bring significant amounts of property or obligations to the marriage.

• Children from another relationship: If either spouse has children from a prior relationship, a premarital agreement can help specify what property or assets belong to the child and not to the marriage.

• Remarriage: If either spouse is getting married for a second or third time, premarital agreements can protect their financial interests.

What Makes a Prenup Enforceable?

For prenups to be enforceable, certain conditions must be met. If a prenup is deemed unfair in court, the judge might refuse to allow it to go through. Similarly, if the agreement was signed under duress, the prenup could be thrown out.

Finally, a prenup must be entered into in good faith. Spouses should be honest and provide full disclosure of assets and liabilities when going over the terms of the agreement. If one spouse covers up details about his or her property or debts at the time of signing, the other spouse could challenge the agreement.

Terms to Include in Your 2026 Prenup

A recent study conducted by The Harris Poll found that as many as 50 percent of adults in the U.S. are open to the idea of a prenup, an increase from previous years. This growing interest in premarital agreements could point to growing anxiety about finances in case of divorce. For many people, a prenup provides greater security and peace of mind before entering into a long-term commitment.

 A prenuptial agreement lets you and your future spouse agree in advance on how important issues will be handled if you ever divorce. Common terms include:

• Who keeps which property, such as houses, cars, and investments

• How debts will be paid, including credit cards or student loans

• Whether spousal support will be paid, and in what amount

• How inheritance or gifts will be treated during the marriage

• Rules for dividing businesses or professional practices

Including these terms can help prevent disagreements later on. When you put clear rules in writing, you both know what to expect. A family law attorney can make sure that your agreement follows state law and protects your interests.

Does Signing a Prenup Mean Divorce Is on the Horizon?

Signing a prenuptial agreement does not mean that a couple expects to divorce. A prenup is simply a tool for planning. It helps you talk about money, property, and other important issues before you marry. Having these conversations early can build trust and reduce worry.

Many couples find that discussing a prenup brings them closer. They learn each other’s goals and values. A clear agreement can make life easier if you ever face money problems or need to handle complicated assets. In Illinois, a prenuptial agreement must meet certain legal rules to be valid. Working with an attorney ensures that your document is fair and follows state law. In the end, a prenup can give you both peace of mind.

Contact a Kane County, IL Premarital Agreement Lawyer

Making important decisions about the future of your marriage before your marriage has even begun is not easy. At the Law Offices of Van A. Larson P.C., providing financial security and peace of mind for your family is of the utmost importance to us. If you are interested in understanding more about premarital agreements and how one may benefit your family, contact our Batavia, IL family law attorney today. Call our offices at 630-879-9090 to schedule a free consultation.