5 Reasons Why You Should Consider Getting a Prenuptial Agreement

 Posted on May 21, 2026 in Prenuptial & Postnuptial Agreements

When you see wedding bells in your near future, there are probably a hundred things on your mind – and a prenuptial agreement is not likely to be one of them. Though it can seem unromantic, and it may feel like you do not trust your future marriage, signing a marital agreement can be a beneficial tool in the event that you and your spouse ever get divorced.

A prenuptial agreement is a legal document that allows you and your spouse to basically plan your divorce before it happens. These contracts allow you to address issues such as property division, spousal maintenance, and ownership of businesses or professional practices.

At Goostree Law Group, our Wheaton, IL family law attorneys have decades of legal experience, and Attorney Tricia Goostree has been recognized as a Super Lawyer for her exceptional skills. We can review your agreement and help lay your worries to rest with a thorough review.

Five Reasons To Consider Signing a Prenup in 2026

Prenuptial agreements are not just for the rich and famous. They are useful for almost everyone. Here are a few reasons why you may want to consider getting a prenuptial agreement before you tie the knot.

One of You Has Been Married Before

If this is the second trip down the aisle for either you or your spouse, you should strongly consider getting a prenuptial agreement. A prior marriage means you are probably coming into this marriage with more property, and you may have other obligations from your previous marriage, like child support. A prenuptial agreement can protect these obligations.

There Is an Inequality in Wealth Between You and Your Spouse

If one of you makes significantly more than the other person or one of you is expecting to receive a large inheritance, you may want to protect those assets with a prenuptial agreement. You should also consider spousal maintenance. If you make significantly more than your spouse, you may end up paying more in maintenance if you do not have a pre-existing agreement.

One of You Has Significant Debt

Likewise, if one of you comes into the marriage with thousands of dollars worth of debt, a prenuptial agreement can prevent the other person from being responsible for that debt. This can also address any debts that you or your partner take on while you are married.

One or Both of You Own a Business or Professional Practice

A prenuptial agreement can be especially helpful for business owners. These agreements can ensure that your business remains entirely with you if you were to get a divorce. Otherwise, you may owe your spouse a portion of your business.

One of You Plans Not To Work

If one of you does not plan to work during the marriage, a prenuptial agreement can ensure that you will be provided for if you were to get a divorce. This can be especially helpful for stay-at-home parents if they have been out of the workforce for some time.

What Are the Requirements To Create a Prenup in Illinois?

In Illinois, prenups are governed by the Illinois Uniform Premarital Agreement Act. First, a prenup must be in writing. Both people must sign it. It does not need payment or anything of value to make it valid. The marriage itself is enough.

A prenup should also be entered into freely. This means neither person should be forced, threatened, or rushed into signing. Each person should have enough time to read the agreement and ask questions. It is also wise for each person to have their own lawyer review it before signing.

A prenup cannot decide every issue. For example, it cannot control child custody or child support in a way that harms a child’s best interests. Those issues must be decided based on the child’s needs when the time comes.

How a Prenup Can Help You Avoid Commingling Assets in Illinois

Commingling happens when separate property gets mixed with marital property. This can make it harder to prove who owns what later.

For example, one spouse may enter the marriage with savings, a house, a business, or an inheritance. If that property is kept separate, it may remain separate. But if it is placed into a joint account, used to pay marital bills, or mixed with marital funds, questions may arise.

A prenup can help prevent this problem. It can state which assets will stay separate during the marriage. It can also explain how those assets should be handled. For example, the agreement may say that one spouse’s premarital home will remain separate, even if the couple lives there together.

The Importance of Disclosing Assets for a Prenup in Illinois

Full financial disclosure is very important when creating a prenup. Each person should know what the other person owns and owes before signing. This includes bank accounts, real estate, retirement accounts, businesses, investments, debts, and expected financial obligations.

If one person hides assets or gives false information, the prenup may be challenged later. A court may look at whether both people had a fair and reasonable understanding of each other’s finances. Disclosure also helps both people make informed choices. It can affect major rights in a divorce. A person should not give up rights without knowing what is at stake.

A clear prenup can protect both spouses. It can reduce uncertainty and help avoid bitter fights about money. That being said, it must be prepared carefully. When both people are honest and the terms are fair, a prenup can give the marriage a stronger financial foundation.

Contact a DuPage County, IL Prenuptial Agreement Lawyer for Guidance

If you are on the fence about getting a prenuptial agreement, talking to an experienced Wheaton, IL family law attorney can help you make a decision. At Goostree Law Group, we can help you draft a sound prenuptial agreement to safeguard your best interests. Contact our office today at 630-584-4800 to schedule a free consultation.