Writing a Perfect Prenup for High-Net-Worth Couples

 Posted on August 17, 2025 in Family Law

For high-net-worth couples, marriage often involves more than emotional commitment; it also merges substantial assets, business interests, investments, and sometimes multiple real estate holdings. A prenuptial agreement, or "prenup," is the most effective way to define how those assets will be treated if the marriage ends. When written carefully, it protects both parties, avoids expensive disputes, and provides both spouses clarity and strategy from the start.

Attorney Sendek has nearly 20 years of experience practicing law, with a background in complex divorce, high-asset cases, and business valuation. She is a Warrenville family lawyer who truly understands the intricacies of protecting substantial wealth while preserving fairness in the agreement. If you are planning your marriage and your life together as a new couple, contact our firm today to learn about your options for creating the perfect prenup. 

Why High-Net-Worth Couples Need a Prenuptial Agreement

Without a prenuptial agreement, Illinois law governs how property is divided in a divorce. Under the Illinois Marriage and Dissolution of Marriage Act, marital property is divided equitably, not necessarily equally. This means assets acquired during the marriage could be subject to division even if they were funded from premarital resources.

For couples with significant holdings, a prenup can:

• Define which assets are marital and which are separate

• Protect ownership of businesses or professional practices

• Preserve family wealth and inheritances

• Set terms for spousal maintenance (alimony)

• Detail who is responsible for certain debts

Four Elements of a Strong Prenup

A strong, enforceable prenup for a high-net-worth couple will stand up in court and reflect the couple’s intentions clearly. This requires:

Full Financial Disclosure

Both parties must provide a complete and honest account of their assets, liabilities, and income. Incomplete disclosure is one of the main reasons courts set aside prenuptial agreements. For high-net-worth individuals, this often involves appraisals of real estate, valuations of businesses, and reviews of investment portfolios.

Clear and Precise Language

Ambiguous terms lead to disputes, which lead to expensive divorces. A prenuptial agreement should be specific about how property will be classified, valued, and divided. For example, if a business is separate property, the prenup should state whether appreciation in value during the marriage remains separate or becomes marital.

Fairness and Reasonableness

A prenup cannot be grossly one-sided at the time it is signed. Even if both parties have independent legal counsel, a court can reject an agreement that is unconscionable. This is especially important for high-asset couples, as terms that seem overly protective of one spouse can be challenged.

Independent Legal Representation

Each spouse should have their own attorney review the agreement before signing. This helps ensure that the prenup will be enforceable and that neither party can later claim they did not understand the terms.

Special Considerations for High-Asset Prenups

When substantial wealth is involved, certain provisions require extra attention. If one spouse owns a business, the prenup should address how the value will be calculated, whether the other spouse will have any claim, and whether buy-sell provisions will apply. Likewise, stock options, restricted shares, and private equity holdings should be specifically addressed to prevent confusion later. For individuals likely to acquire significant wealth after marriage, such as through a family trust, the prenup should clarify how those assets will be treated.

In general, the more specific a prenuptial agreement is, the better. A prenup stands a far lesser chance of being challenged if it is clear that the spouses had a complete understanding of each other’s finances and anticipated future disagreements carefully. 

Contact a Winfield, IL Prenuptial Agreement Attorney

A rushed prenup is rarely a good prenup. Discussions should begin well before the wedding to allow time for negotiation, valuation of assets, and proper drafting. Illinois courts are less likely to enforce an agreement signed under last-minute pressure.

If you are entering a marriage with significant assets, a well-drafted prenuptial agreement is one of the best ways to protect your financial future. Contact a Warrenville, IL family lawyer at Hensley Sendek Law by calling 630-358-9029 to schedule your free consultation. With nearly 20 years of experience in high-asset divorce, business valuation, and complex property division, Attorney Sendek can help you create a prenup that is both fair and enforceable.