I prepare dozens of prenuptial agreements every year. I tell my clients “Put this in a drawer or safe deposit box. I hope you never have to look at it again.” I also keep an electronic copy of the prenuptial agreement and hope that I never have to look at the prenuptial agreement again, either. But, what if the fully executed prenuptial agreement is lost? Can you still enforce the prenuptial agreements terms? Illinois Prenuptial Agreements Are In Writing And Signed By Both Parties In Illinois, a premarital agreement is “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” 750 ILCS 10/2(1). A premarital agreement is enforceable without consideration but “must be in writing and signed by both parties.” 750 ILCS 10/3 If you don’t have a copy of the prenuptial agreement that is “in writing and signed by both parties” do you have a prenuptial agreement at all? In re Marriage of Nitsche 2026 IL App (2d) 250488-U provides the answer. “Section 3 of the [Uniform Premarital Agreement] Act provides simply that a premarital agreement must be in writing and signed by both parties. The statute does not address how a party must prove that the agreement was signed. Crucially, the statute does not require that the original document or a copy bearing both parties’ signatures be produced. Further, it does not prohibit execution being established through secondary evidence.” In re Marriage of Nitsche 2026 IL App (2d) 250488-U (this is a rule 23 case which is not controlling but can still be used for persuasive purposes). Courts cannot presume that the original prenup with both signatures MUST be presented as evidence because the Uniform Premarital Agreement Act does not say that. “A court may not depart from the plain language of the statute and read into it exceptions, limitations, or conditions” IMOTORSPORTS v. VANDERHALL MOTOR WORKS, 224 NE 3d 221 – Ill: Appellate Court, 2nd Dist. 2022 “Given the [Uniform Premarital Agreement] Act’s silence on this evidentiary question, we therefore conclude that general Illinois evidentiary rules govern how a party may prove the execution of a premarital agreement.” In re Marriage of Nitsche 2026 IL App (2d) 250488-U You Do Not Need A Signed Copy Of Your Prenuptial Agreement. You Just Need Proof That The Prenuptial Agreement Was Signed Proving something in divorce court does not require absolute irrefutable proof. Divorce […]
