You’re planning a Chicago wedding with the skyline sparkling in the background or a cozy vineyard ceremony downstate. You’re picking out flowers, tasting cake, maybe arguing over the playlist…Do we really need Sweet Caroline? And then someone, maybe you, maybe your fiancé, brings up the word “prenup.” Cue the awkward silence. But here’s the thing! Prenuptial agreements aren’t about predicting or planning for failure; they’re about intentionally preparing for whatever life throws your way. And in Illinois, where property laws and family dynamics can get complex, they’re often worth considering. But, how much does a prenup in Illinois cost? And what factors affect the price? Find the answers to your questions and learn more about prenups below.
What a prenup does and doesn’t do in Illinois
Before we talk dollars, it helps to understand what a prenuptial agreement accomplishes in Illinois. Under the Illinois Uniform Premarital Agreement Act, a prenup is a written contract made before marriage that addresses property rights, debts, spousal support, and related financial matters in the event of divorce or death. Illinois prenups can cover a lot, including dividing real estate, safeguarding family businesses, clarifying responsibility for debts, even addressing future inheritances, and alimony (i.e., spousal support). Preups cannot determine child custody or child support. These critical issues will be addressed in the future, and the child’s best interests will be prioritized.
Illinois courts will enforce prenups so long as they were entered into voluntarily, with full and fair disclosure of assets and debts, and aren’t unconscionable at the time of enforcement. The state doesn’t have a “second look” doctrine like Massachusetts, where the terms must not be duly unfair at signing. Illinois courts focus on the situations of the parties at the time of prenup enforcement. Judges will strike down agreements that feel shockingly unfair or were signed under duress. For example, if you present your fiancé with a prenup the night before your wedding, denying them time for review, you risk the court throwing out your prenup. Signing too close to a wedding doesn’t automatically invalidate a prenup. Still, courts will scrutinize the circumstances of the signing to ensure there was no duress or coercion (In re Marriage of Murphy (2005)).
So, how much does a prenup cost in Illinois?
The cost of an Illinois prenup depends on the complexity of the couple’s finances, the attorney’s experience, and how much back-and-forth negotiation is required. Illinois couples typically spend $1,500 to $3,000 for a straightforward prenup. If one party owns a business, has significant real estate holdings, expects substantial future inheritances, or requests complex lifestyle clauses, the cost can climb to $5,000 to $10,000 or more. Those numbers include drafting, reviewing, and revising the agreement with each partner represented by their own lawyer, which is strongly recommended for enforceability.
Why the range in pricing? The complexity of your financial picture drives cost since many lawyers charge by the hour. Even if you hire a lawyer who charges a flat rate, the amount of time needed to draft a prenup for your complicated financial situation might creep past the time that’s included in the flat rate, and additional hourly charges could be charged. Make sure you and your partner have clarity on how your respective attorneys price their services before hiring them.
Let’s use an example of two different couples to showcase the potential range. Two teachers with similar salaries, a shared apartment in Oak Park, and limited savings will have a simpler agreement than a surgeon marrying into a family that owns multiple properties in Lake Forest and a stake in a closely held business. The more assets, debt, and “what-ifs” you want covered, the more attorney time and cost is involved.
What drives prenup costs up or down?
Several factors influence prenup pricing in Illinois. Let’s take a look at some of the factors that could affect your prenup bill.
Complexity of finances and prenup language
As we discussed above, the complexity of assets can be a major factor in the cost of a prenup. Are we talking about a condo and a 401(k), or multiple properties, stock options, and future trust interests? Do you and your partner want to keep all assets earned during marriage separate or community property, or are there hybrid classifications for assets and various timelines involved? The more assets there are to protect and the more detail the prenup requires, the higher the cost.
Negotiation Time
If both partners agree on everything from the start, the process is faster and cheaper. But if you need multiple rounds of negotiation, say, about whether to waive spousal support or how to treat future appreciation on premarital property, legal fees can add up. Since you and your partner must share your finances for a valid prenup, go ahead and share them as soon as possible. The sooner you and your fiancé are transparent with each other about your assets, debts, and hopes for your prenup, the quicker your prenup drafting process will go. This will cut down or possibly diminish the need for negotiations during prenup drafting. Your legal bill will reward you for pre-planning!
Attorney Experience and Location
In downtown Chicago, family law attorneys charge more than those in smaller markets like Peoria or Rockford. Expect higher rates for lawyers with significant prenup experience. Though more experienced prenup attorneys cost more, it’s still recommended that you hire a lawyer with expertise in drafting prenups over a cheaper lawyer who will be learning on the job. Just because a lawyer practices family law doesn’t mean that they understand prenups. Make sure to talk with your attorney about how comfortable they are in drafting this specific agreement.
Timing
Rushed prenups are risky and expensive. If you’re drafting one day before your wedding, attorneys may charge extra for expedited work. Additionally, as mentioned above, courts may scrutinize a rushed agreement more closely than a prenup signed weeks or months before the wedding. Avoiding a possibly awkward conversation about prenups could end up costing you a lot in legal fees for a rushed prenup and significantly more if your prenup is thrown out in the future for duress or denying your partner reasonable time to review and consult an attorney before the wedding.
Real estate and business considerations
Attorney fees make up the bulk of the cost, but there are often smaller line items to consider. If your prenup involves real estate, you may need updated appraisals. If one partner owns a business, a valuation might be recommended. Notarization fees in Illinois are nominal (often under $50), but if you need multiple originals notarized, it adds up. These extras aren’t huge costs individually, but they’re worth factoring into your budget. Talk with your attorney about which additional services they might offer along with your prenup services.
Can I draft my own prenup in Illinois?
Technically, yes. Illinois law does not prevent you from drafting your own prenup and doesn’t require attorney involvement for a prenup to be valid. But be careful. Courts will scrutinize whether each party fully understood the agreement before deciding that the prenup was entered into voluntarily. And DIY templates often fail to meet Illinois-specific requirements. A poorly drafted prenup can be worse than none at all because it gives you a false sense of security and can be thrown out in divorce proceedings.
A way to go the DIY route while ensuring that your prenup abides by Illinois law is by using a highly respected online prenup drafting platform like HelloPrenup. Through HelloPrenup, you will receive an expertly drafted prenup that abides by Illinois law for $599. And if you’d like to add on Illinois-licensed attorney services, that’s an additional $699 per fiancé. This is a fraction of the cost of many law firms in Illinois.
Whatever method you choose, your prenup must follow Illinois laws. A prenup has so many nuanced provisions, including potential spousal maintenance waivers. Like many states, Illinois allows spousal maintenance waivers. However, in addition to scrutinizing whether a waiver was fair when signed, courts also consider whether the waiver would cause undue hardship on the spouse seeking maintenance if enforced. If enforcing the waiver would leave one spouse in a seriously unfair financial position, the court can disregard it (750 ILCS 10/4 and 10/6). Navigating tricky issues like this on your own without the guidance of a legal professional is not advised.
Why paying for a prenup is worth it
It’s easy to balk at paying a few thousand dollars for a document you hope you’ll never need. But a good prenup is like insurance. It’s there for worst-case scenarios. Without one, Illinois divorce courts apply equitable distribution, meaning assets are divided fairly, but not necessarily equally, and judges have broad discretion. If you bring significant premarital property or family business interests into the marriage, that can lead to uncertainty, expense, and litigation headaches. Moreover, complex drafting issues, including the spousal maintenance waiver considerations discussed above, make hiring an attorney in Illinois worth the cost. Spending money upfront to get this right can save you tens of thousands, sometimes hundreds of thousands, later.
Final thoughts on the cost of prenups in Illinois
Illinois doesn’t require you to hire a lawyer for a valid prenup, but legal guidance is invaluable if you want it to withstand challenges and give both of you peace of mind. Think of it less as a wedding expense and more as an investment in your financial future. The right prenup, drafted thoughtfully, fairly, and in compliance with Illinois law, sets the stage for a marriage built on trust and transparency. And in a state where courts value fairness and disclosure, doing it right from the start is always worth it. Sit down and have these essential financial conversations with your partner before merging your lives. And once you’ve signed the prenup, you can turn your attention back to the most fun parts of planning a wedding…the reception and the honeymoon!
Elise Meintanis of Harmening Law, LLC is an experienced Family Law Attorney based in the greater Chicagoland area. Elise prides herself on serving clients on a flat fee basis with predictable pricing while offering high quality services. Using technology to bridge the access gap is critical to her practice.
Elise loves to help set folks up for success through reasonable and well-thought out expectations. Prenups do just that! Elise knows that we cannot predict the future, but building a relationship with a strong foundation requires an understanding of one another’s intentions.
In her spare time, Elise loves to hang with her sweet little girl, her full-size goldendoodle, and listen to audiobooks!
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