Illinois did not recognize premarital agreements affecting divorce until a 1972 holding by the Illinois Appellate Court.After Volid v. Volid, 6 Ill.App.3d 386, 286 N.E. 2d 42, there were a number of decisions which applied common-law principles to determine the validity of premarital agreements. Essentially, the party who sought to enforce the premarital agreement had the burden to prove it was fair and reasonable and not contrary to public policy. Moreover, the agreement could not create an unforeseen condition of penury …