Can I Challenge a Prenuptial Agreement During an Illinois Divorce?

 Posted on March 30, 2021 in Prenuptial & Postnuptial Agreements

In today’s world, prenuptial agreements are increasingly common, as people are waiting until they are older to get married for the first time, which also means that they are likely to have accumulated significant assets before they are married. Nobody wants to think about the prospect of divorce, especially before you are even married, but a prenuptial agreement can be greatly beneficial if you and your spouse do eventually decide to call it quits. A prenuptial agreement can help you and your spouse determine the majority of your financial and property division issues with little resistance. Even though a prenuptial agreement is a legal contract, it is not set in stone and can be challenged if you believe the agreement is unfair in some way.

Challenging Your Prenup

As a legally-binding agreement, a prenuptial agreement is also legally enforceable. This means that you must abide by the terms of your prenuptial agreement unless the agreement or portions of the agreement are invalidated. If you feel as if your prenuptial agreement is invalid or unfair, you have the right to ask the court to hear your case. The judge will not simply invalidate a prenuptial agreement because you do not like the terms of the agreement anymore. You must prove that there is a legitimate reason for the invalidation of a section or the entire agreement. Common reasons that a judge may invalidate a prenuptial agreement include:

• The agreement was disproportionately favorable toward one spouse.

• A spouse was coerced or forced into signing the agreement.

• The agreement contains sections that are not enforceable and are not permitted to be in the agreement, such as agreements on child custody.

• One or both spouses were not given sufficient time to read, comprehend and understand the agreement before signing it.

• One or both spouses did not fully disclose his or her assets or debts when the agreement was created and signed.

Contact a Kane County Prenuptial Agreement Lawyer

Though you may have said, “‘Til death do us part,” in your wedding vows, not every marriage is able to stand the test of time. Our compassionate divorce attorneys at the Goostree Law Group can help you end your marriage on your terms. If you believe your prenuptial agreement is invalid, you should contact our knowledgeable St. Charles, IL prenuptial agreement lawyers today at 630-584-4800 to schedule a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/?sh=1ca49e2419a5

https://www.cnbc.com/2018/03/09/the-american-greed-report-heres-how-to-bulletproof-your-prenuptial-agreement.html