Does It Cost Money to Get a Prenup?

 Posted on July 17, 2026 in Prenuptial & Postnuptial Agreements

Technically, you do not need to pay money to draft a valid premarital agreement in Illinois. However, cutting corners on cost comes with serious risks. An improperly drafted prenup risks being dismissed by the court if you ever get divorced. Illinois law also prohibits certain provisions in a premarital agreement. For example, parents cannot predetermine child support or make binding decisions about future child custody.

If you're planning to get a prenup in 2026, the safest route is to make sure that both you and your partner get independent legal counsel before you sign. A Winfield, IL premarital agreement lawyer can make sure that what you’re signing is fair to you and will hold up in court.

What Does a Good Prenuptial Agreement Typically Cost in Illinois?

Attorney fees are often the main expense. These can vary widely, but often range from several thousand dollars upward, depending on the circumstances. Several factors can influence the final cost of a premarital agreement.

Asset Complexity

Things like stock options, rental properties, or multiple investment accounts are more complicated and take more time to sort out than other assets.

Level of Agreement Between Parties

If both partners come in aligned on what they want, the drafting process is faster. If terms need to be negotiated back and forth, it takes more time and money.

Whether Separate Asset Valuations Are Needed

For business interests or complex holdings, formal valuation work may be needed in addition to the attorney's drafting fees.

Amount of Revision

Most attorneys include a set number of revisions in their quoted fee. Additional rounds cost more.

There are some online services that offer premarital agreement drafting for relatively cheap. These may be suitable for very simple agreements. However, online forms cannot replace legal advice tailored to your finances and goals, especially if you own a business or have substantial assets.

Does Our Prenup Need to Be Notarized in Illinois?

The Illinois Uniform Premarital Agreement Act (750 ILCS 10/1) requires that the agreement be in writing and signed voluntarily by both parties.

Illinois law does not require a prenup to be notarized. However, notarization can make it easier to prove the agreement was properly signed if its validity is later challenged. Notarization also tends to be fairly cheap and accessible.

Do Both People Need Their Own Attorney When Signing a Prenup?

Illinois law doesn't require independent legal counsel for each spouse, but it is highly advisable. If only one spouse had legal representation, the unrepresented spouse may later argue that they did not fully understand the agreement or did not sign it voluntarily. Each spouse having an attorney protects against this and drafting errors.

Is the Cost of a Prenup Worth It in Illinois?

If a marriage ends in divorce, the cost of a premarital agreement is often much less than the cost of a divorce. A contested divorce often costs significantly more than preparing a carefully drafted prenup, especially when substantial assets are involved. Even if a couple stays happily married their whole lives, a prenup can offer peace of mind and clarity about finances for both parties.

For business owners, doctors, lawyers, executives, and professionals with complex financial situations, premarital agreements are often well worth the up-front expense. Even if a spouse is never directly involved with the other’s employment, many assets related to that employment will be subject to division by the court in the event of a divorce. A premarital agreement can help protect key assets and interests to keep businesses or practices intact after a divorce. The value of these is often many times the initial cost of setting up a premarital agreement.

Call a Wheaton, IL Prenuptial Agreement Lawyer Today

If you’re wondering if a prenup is right for you, schedule a free consultation with Roberts PC. Attorney Chuck Roberts gives his personal cell phone number and email address to every client to ensure good communication.

If you have a case that needs representing, we will strive to get it settled outside of court. If this is not possible, however, we will take the case to trial. Our Winfield, IL family law attorneys take large cases for business owners, judges, and other professionals. Call 630-668-4211 to get started today.