UPDATE: How Is Mahr Addressed in an Islamic Divorce in Illinois?

Originally published: May 17, 2021 -- Updated: September 12, 2023

Update: As described below, an Islamic marriage contract will sometimes be treated as a prenuptial agreement during an Islamic divorce. For Muslim couples who may choose to get divorced, it is important to understand what terms can be included in a prenuptial agreement (prenup). An experienced attorney can help them understand how the terms of mahr may be enforced by an Illinois court during the divorce process.

Here are some key areas that a prenuptial agreement can address in Illinois: 

• Property division: One of the primary purposes of a prenup is to determine how property will be divided if a marriage ends in divorce. In Illinois, marital property is typically divided equitably between spouses based on factors such as the contributions each spouse has made during the marriage and the economic circumstances of each spouse at the time of divorce. A well-drafted prenup or marriage contract can override this default rule and specify how assets should be distributed.

• Debt allocation: Prenups can also address how debts acquired during the marriage will be allocated between spouses upon divorce. Without an agreement specifying otherwise, both parties may be held responsible for joint debts incurred during their marriage. 

• Spousal support/alimony: A premarital agreement or marriage contract can specify whether one spouse will pay spousal support (also known as alimony) to the other after divorce occurs. The amount and duration of support can also be determined ahead of time. However, it is important to note that Illinois courts have the discretion to review and modify spousal support provisions in prenuptial agreements if they are deemed unfair or unconscionable. 

• Business interests: If one or both spouses own a business or professional practice, a prenup can outline how ownership of these assets will be handled during a divorce. This may include determining ownership percentages, buyout options, and restrictions on transferring shares. 

• Retirement accounts and benefits: A premarital agreement can establish how retirement benefits such as 401K accounts or pension plans will be divided between spouses upon divorce.

• Inheritance rights: A prenup can address inheritance issues by specifying how property will be distributed upon the death of a spouse. Other estate planning provisions may also be made, such as creating trusts for children from previous relationships, ensuring specific assets remain separate property during a couple’s marriage, designating beneficiaries for life insurance policies, etc. 

Contact Our Oakbrook Terrace Prenuptial Agreement Attorneys

For Muslim couples, it is important to understand how the terms of a marriage contract may be interpreted during a divorce. For those who wish to make sure the decisions they have made will be followed, creating a separate prenuptial or postnuptial agreement may be beneficial. At Farooqi & Husain Law Office, our DuPage County Islamic divorce lawyers understand the issues that may affect couples in these situations, and we can help ensure that their rights will be protected if they choose to end their marriage. Contact us at 630-909-9114 to set up a consultation and learn more about the legal services we can provide to Muslim spouses or couples.