Can a Prenuptial Agreement Be Changed or Revoked After Marriage?

Prenuptial agreements, which are called premarital agreements under Illinois law, are designed to bring clarity and predictability to a couple’s financial rights and obligations in the event the marriage later comes to an end. But what happens when circumstances change after the wedding? Can spouses modify or revoke their prenup once they are already married?

Under Illinois law, a prenuptial agreement can be changed or revoked after marriage, so long as the contracting parties follow the rules. Simply making an informal verbal agreement with a spouse will not have the effect of changing anything. It is best to consult with a family law attorney if you want to change or revoke your prenup in Illinois to make sure you are doing it properly.

Illinois Prenuptial Law

Illinois prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act (IUPAA), codified at 750 ILCS 10/1 et seq. The IUPAA is distinct from, but works alongside, the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

Under 750 ILCS 10/2, a premarital agreement is “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”

Premarital agreements may address a wide range of financial issues, including:

• Rights and obligations in property
• Management and control of assets
• Disposition of property upon divorce or death
• Modification or elimination of spousal maintenance (alimony)

To be enforceable, a prenuptial agreement must be:

• In writing
• Signed by both parties
• Voluntary
• Supported by fair and reasonable disclosure, or a written waiver of disclosure
• Not unconscionable at the time of execution

Can a Prenuptial Agreement Be Changed or Revoked After Marriage?

Illinois law explicitly permits post-marriage changes. Section 6 of the IUPAA (750 ILCS 10/6) states “After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties.”

In other words, you can change the terms of a prenup or revoke the agreement entirely, so long as you and your spouse create a written document to that effect and you both sign that document.

It is not enough to merely behave as though the prenup doesn’t exist. It is not enough to verbally agree to do away with the terms of your prenup. Without a written revocation signed by both parties, the prenuptial agreement remains enforceable no matter how much time has passed.

Modifying a Prenuptial Agreement During the Marriage

Couples often seek to modify prenuptial agreements due to:

• The birth or adoption of children
• A significant increase or decrease in income of one or both of the parties
• The sale or acquisition of a business
• The receipt of an inheritance
• Changes in estate planning goals

A modification may be narrow (e.g., changing how a specific asset is treated) or comprehensive.

Formal Requirements for Modification

To be enforceable, a post-marriage modification should include:

• A written agreement signed by both spouses
• Clear identification of the original prenuptial agreement
• Specific language stating which provisions are amended
• Full financial disclosure at the time of modification
• Evidence of voluntary execution

Each spouse does not have to have their own attorney to negotiate a modification or revocation of a prenup under the law, but the absence of counsel may become an issue if someone later challenges the validity of the modified agreement.

Limits on What Can Be Changed or Waived

Illinois law draws a firm line when it comes to children. Under 750 ILCS 10/4(b), a premarital agreement may not adversely affect a child’s right to support.

In other words, prenup provisions waiving or limiting child support are unenforceable. Similarly, parenting time and decision-making authority cannot be conclusively determined by agreement because courts will always have authority to decide those issues in the child’s best interests

The same limitations apply to postnuptial modifications.

Unconscionability and Public Policy

Even when formal requirements are met, courts may refuse to enforce a modified or revoked agreement if it is:

• Unconscionable
• The result of duress, fraud, or coercion
• Against public policy (an agreement to commit a crime, for example)

An Illinois Family Law Attorney Can Help You Modify Your Prenup

Illinois law allows spouses significant flexibility to change or revoke prenuptial agreements after marriage, but they have to do so properly. Couples considering post-marriage changes to a prenuptial agreement should reach out to an experienced lawyer for assistance. A poorly executed prenup revocation or modification will not be legally enforceable. When drafted correctly, however, a modified or revoked agreement can reflect the realities of a marriage as it evolves. The family law attorneys of O. Long Law, LLC, are standing by and ready to help. Schedule your initial consultation today.