Publications

Section Newsletter Articles on Prenuptial Agreements

Why do I need an antenuptial (prenuptial) agreement? By Erin Wilson Young Lawyers Division, April 2014 The author provides a few scenarios where a prenuptial agreement may benefit you, and other situations where the law itself provides the necessary protection.
Enforceability of ERISA waiver provisions in antenuptial agreements By Michael DiDomenico Family Law, March 2009 It is appropriate to recognize an action in breach of contract against spouses for failure to waive their ERISA benefits as promised in a prenuptial agreement.
The “Best” lesson By Paul Osborn Family Law, August 2008 The January 2007 issue of the Family Law Section’s newsletter contained an article written by the newsletter’s current co-editor, Matthew Kirsh, analyzing the Second District’s opinion published in November of 2006 in In re the Marriage of Best, 859 N.E.2d 173, 307 Ill.Dec. 173 (2nd Dis., 2006)
When is a declaratory judgment not a declaratory judgment? By Matthew A. Kirsh Family Law, January 2007 On November 20, 2006 the 2nd District Appellate Court rendered its opinion in In Re The Marriage of Best. 2006 WL 3386705.
Enforcement of prenuptial agreements under the Illinois Uniform Premarital Agreement Act By Rory Weiler Family Law, February 2006 Historically, individuals in Illinois who agree to marry have had the ability to contract away marital rights and obligations in the event of a death or divorce through the use of prenuptial (sometimes referred to as “antenuptial”) agreements.