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Can I do my own prenuptial agreement? You do not need an attorney to create or read the prenup before parties agree to it. However, the prenup is much more enforceable if both parties have their own attorney during the prenup process.
Postnups, as we like to call them, can sometimes be referred to as a marital agreement because it is executed during the marriage. The biggest difference between a postnup and a prenup is the timing (was it created before or after the wedding). Prenups must be executed before the wedding.
Even if you divorce without a prenuptial agreement, Illinois law allows individual judges enormous leeway to make decisions about you and your spouse's life. In Illinois, marital assets are NOT divided 50/50. In Illinois, marital assets are divided equitably.
Technically speaking, both people do not need a lawyer. However, both people should have a lawyer. If the prenup ever goes before the court, the judge will want to see that both people had lawyers.
What you may include in an Illinois Prenup Put it in writing! ... The terms included in your premarital agreement must be lawful. Your Illinois premarital agreement must be signed by both parties (HelloPrenup recommends initials at the bottom of each page!)