Although nobody gets married with the intent to get divorced, more couples than ever are trying to avoid difficult and expensive divorce litigation or negotiation by signing marital contracts. Both prenuptial and postnuptial agreements help couples decide how they will handle property and other financial issues if their marriage ends.
The main difference between which of these is right for you comes down to when you want to sign the documents. A prenuptial agreement is made before marriage, whereas a postnuptial agreement is created after you are already married.
If you are planning a wedding or are already married in 2026, an Orland Park, IL family law attorney can help you decide whether a marital agreement makes sense for you.
When Do You Sign a Prenuptial Agreement in Illinois?
According to the Illinois Uniform Premarital Agreement Act, 750 ILCS 10/2, a prenup is an agreement made in contemplation of marriage. In other words, the couple makes the agreement because they plan to marry, and it officially takes effect when they get married.