750 ILCS 10/1
This Article shall be known and may be cited as the Illinois Uniform Premarital Agreement Act
This Article shall be known and may be cited as the Illinois Uniform Premarital Agreement Act. (Source: P.A. 86-966.)
Illinois Compiled Statutes 750 ILCS 10 — Illinois Uniform Premarital Agreement Act.
Illinois · statute · 750 ILCS 10 · 11 active provisions
750 ILCS 10/2
Definitions
Definitions. As used in this Article: (1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including inco…
750 ILCS 10/3
Formalities
Formalities. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. (Source: P.A. 86-966.)
750 ILCS 10/4
Content
Content. (a) Parties to a premarital agreement may contract with respect to: (1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, cre…
750 ILCS 10/5
Effect of marriage
Effect of marriage. A premarital agreement becomes effective upon marriage. (Source: P.A. 86-966.)
750 ILCS 10/6
Amendment, revocation
Amendment, revocation. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. (Source: P.A. 86-966.)
750 ILCS 10/7
Enforcement
Enforcement. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) that party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i) was not provided a fair a…
750 ILCS 10/8
Enforcement: void marriage
Enforcement: void marriage. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. (Source: P.A. 86-966.)
750 ILCS 10/9
Limitation of actions
Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.…
750 ILCS 10/10
Application and construction
Application and construction. This Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it. (Source: P.A. 86-966.)
750 ILCS 10/11
Time of taking effect
Time of taking effect. This Article applies to any premarital agreement executed on or after January 1, 1990. (Source: P.A. 86-966; 86-1028.)