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Illinois Compiled Statutes

750 ILCS 10/4 (2026)

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✓ current as of May 2026
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(750 ILCS 10/4) (from Ch. 40, par. 2604)
    Sec. 4. 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, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
    (3) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
    (4) the modification or elimination of spousal support;
    (5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
    (6) the ownership rights in and disposition of the death benefit from a life insurance policy;
    (7) the choice of law governing the construction of the agreement; and
    (8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
    (b) The right of a child to support may not be adversely affected by a premarital agreement.
(Source: P.A. 86-966.)

    
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2001–2026 · leading case: In Re Marriage of Best, 886 N.E.2d 939 (Ill. 2008).
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In Re Marriage of Best, 886 N.E.2d 939 (Ill. 2008). · cites it 3× “In relevant part, the declaratory judgment order here determined only the validity of the parties’ premarital agreement and the construction of section 19, the provision waiving attorney fees, matters implicating both the declaratory judgment statute (735 ILCS 5/2 — 701 (West…”
In Re Marriage of Best, 901 N.E.2d 967 (Ill. App. Ct. 2009). · cites it 2× “” 750 ILCS 10/4(b) (West 2006). The pivotal question here is whether a fee-shifting bar governing child-related issues violates this public policy.”
In Re Marriage of Barnes, 755 N.E.2d 522 (Ill. App. Ct. 2001). · cites it 2× “” 750 ILCS 10/4(a)(3), (a)(4) (West 1998). Since the Agreement at issue here was executed in 1991, the Premarital Agreement Act applies to our review of the issues presented.”
In re Marriage of Heinrich, 2014 IL App (2d) 121333 (Ill. App. Ct. 2014). “’ 750 ILCS 10/4(b) (West 2006).” Id. at 954 .”
In re Marriage of Woodrum, 2018 IL App (3d) 170369 (Ill. App. Ct. 2018). “2d 939 (2008) ; 750 ILCS 10/4(a)(3), (a)(4) (West 2016). By entering into a valid premarital agreement, parties agree that their enumerated rights at dissolution are no longer governed by applicable statutes where those rights are validly modified or waived in the agreement.”
In re Marriage of Best (Ill. 2008). · cites it 3× “In relevant part, the declaratory judgment order here determined only the validity of the parties’ premarital agreement and the construction of section 19, the provision waiving attorney fees, matters implicating both the declaratory judgment statute (735 ILCS 5/2–701 (West…”
In re Marriage of Barnes (Ill. App. Ct. 2001). · cites it 2× “" 750 ILCS 10/4(a)(3), (a)(4) (West 1998). Since the Agreement at issue here was executed in 1991, the Premarital Agreement Act applies to our review of the issues presented.”
In re Marriage of Best (Ill. App. Ct. 2009). · cites it 2× “" 750 ILCS 10/4(b) (West 2006). The pivotal question here is whether a fee-shifting bar governing child-related issues violates this public policy.”
In re Adoption of E.M.H., 2022 IL App (2d) 210497-U (Ill. App. Ct. 2022). “Indeed, when petitioner and respondent allegedly entered into their agreement, section 4(b) of the Illinois Uniform Premarital Agreement Act (750 ILCS 10/4(b) (West 2016)) unambiguously warned them, “The right of a child to support may not be adversely affected by a premarital…”
In re Marriage of Fikejs, 2026 IL App (3d) 240183-U (Ill. App. Ct. 2026). “She also raises arguments concerning particular assets.”
In re Marriage of Slater, 2019 IL App (1st) 181947-U (Ill. App. Ct. 2019). “See 735 ILCS 5/2-701 (West 2004); 750 ILCS 10/4 (West 2004). ¶ 45 John raised the issue of the determinative date in his motion for reconsideration to which Kathleen responded that John’s claim should be stricken because the November 22 order resolved the issue, and the trial…”
— 750 ILCS 10/4(a) — 2 cases
In Re Marriage of Best, 886 N.E.2d 939 (Ill. 2008). “In relevant part, the declaratory judgment order here determined only the validity of the parties’ premarital agreement and the construction of section 19, the provision waiving attorney fees, matters implicating both the declaratory judgment statute (735 ILCS 5/2 — 701 (West…”
In re Marriage of Best (Ill. 2008). “In relevant part, the declaratory judgment order here determined only the validity of the parties’ premarital agreement and the construction of section 19, the provision waiving attorney fees, matters implicating both the declaratory judgment statute (735 ILCS 5/2–701 (West…”
— 750 ILCS 10/4(a)(3) — 4 cases
In Re Marriage of Barnes, 755 N.E.2d 522 (Ill. App. Ct. 2001). “” 750 ILCS 10/4(a)(3), (a)(4) (West 1998). Since the Agreement at issue here was executed in 1991, the Premarital Agreement Act applies to our review of the issues presented.”
In re Marriage of Woodrum, 2018 IL App (3d) 170369 (Ill. App. Ct. 2018). “2d 939 (2008) ; 750 ILCS 10/4(a)(3), (a)(4) (West 2016). By entering into a valid premarital agreement, parties agree that their enumerated rights at dissolution are no longer governed by applicable statutes where those rights are validly modified or waived in the agreement.”
In re Marriage of Fikejs, 2026 IL App (3d) 240183-U (Ill. App. Ct. 2026). “She also raises arguments concerning particular assets.”
In re Marriage of Barnes (Ill. App. Ct. 2001). “" 750 ILCS 10/4(a)(3), (a)(4) (West 1998). Since the Agreement at issue here was executed in 1991, the Premarital Agreement Act applies to our review of the issues presented.”
— 750 ILCS 10/4(a)(4) — 2 cases
In Re Marriage of Barnes, 755 N.E.2d 522 (Ill. App. Ct. 2001). “” 750 ILCS 10/4(a)(3), (a)(4) (West 1998). Since the Agreement at issue here was executed in 1991, the Premarital Agreement Act applies to our review of the issues presented.”
In re Marriage of Barnes (Ill. App. Ct. 2001). “" 750 ILCS 10/4(a)(3), (a)(4) (West 1998). Since the Agreement at issue here was executed in 1991, the Premarital Agreement Act applies to our review of the issues presented.”
— 750 ILCS 10/4(b) — 4 cases
In Re Marriage of Best, 901 N.E.2d 967 (Ill. App. Ct. 2009). “” 750 ILCS 10/4(b) (West 2006). The pivotal question here is whether a fee-shifting bar governing child-related issues violates this public policy.”
In re Marriage of Heinrich, 2014 IL App (2d) 121333 (Ill. App. Ct. 2014). “’ 750 ILCS 10/4(b) (West 2006).” Id. at 954 .”
In re Marriage of Best (Ill. App. Ct. 2009). “" 750 ILCS 10/4(b) (West 2006). The pivotal question here is whether a fee-shifting bar governing child-related issues violates this public policy.”
In re Adoption of E.M.H., 2022 IL App (2d) 210497-U (Ill. App. Ct. 2022). “Indeed, when petitioner and respondent allegedly entered into their agreement, section 4(b) of the Illinois Uniform Premarital Agreement Act (750 ILCS 10/4(b) (West 2016)) unambiguously warned them, “The right of a child to support may not be adversely affected by a premarital…”
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