Can we change or terminate the prenuptial agreement after the marriage takes place?

Yes, you can change and/or terminate the prenuptial agreement after the marriage.

Illinois law at 750 ILCS 10/6 says, “after marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.”

You should use the same formality used to create the original prenup when you are drafting amendments or revocations. That is, to ensure that the amendment or revocation is upheld by a court, both sides should be represented by an attorney, the signatures of both parties should be notarized, and every page should be initialed by the parties.

Amendments to most contracts are not enforceable without consideration, but Illinois law specifically waives this requirement for prenups. “Consideration” is a legal term meaning that you promise to do or give something of value in exchange for the other party’s promise to do or give you something of value in return. Most contracts and agreements are not enforceable unless there is consideration from both parties.