Considering Marriage? Inform Yourself

 Posted on February 14, 2014 in Prenuptial & Postnuptial Agreements

Marriage can be a very joyous time in the life of a couple, but it can also be an extremely stressful experience as well. There are often hundreds of decisions to consider, details to be addressed, and legal hurdles to overcome. Future couples have to address certain legal issues, such as the marriage certificate, and the determination that the future marriage is not void for any number of reasons. There is one aspect though, which couples often do not want to address: a prenuptial agreement. Considering a prenuptial agreement now can save time and inconvenience in the future.

The Prenuptial Agreement

In Illinois, 750 ILCS 10/ establishes the Illinois Uniform Premarital Agreement Act. A prenuptial agreement is your opportunity to define rights in the event of divorce or separation, and to identify your rights in the event of an untimely death. For many, acting prior to the marriage to secure these rights will promote more open discussions and full disclosure between the parties.

In order to execute a valid prenuptial agreement, several conditions must be met. A prenuptial agreement will be upheld, unless there can be shown that one party acted under duress, because of fraud, or through a misrepresentation by one of the parties. In some instances, a lack of meaningful choice in the creation or execution of a prenuptial agreement may invalidate it. For example, if a prenuptial agreement is presented on the day of the wedding, and one party declares that the other must sign it, or instead call of the wedding, this would be considered a lack of meaningful choice. In that scenario as well, the signing party does not have the opportunity to consult their counsel or proceed in any relevant discovery. Lack of full and fair disclosure of financial assets is another invalidating mechanism. Sexual relationships or expectations cannot be terms in a prenuptial agreement. Custody and child support obligations cannot be terms in a prenuptial agreement, either.

A prenuptial agreement is a contract executed between the parties to the marriage and, as such, freedom of contract principles apply. It should also be noted that ignorance is not an excuse to avoid the prenuptial agreement. If you are presented with a prenuptial agreement, and you have adequate time to seek the advice of counsel, but you fail to do so, and subsequently execute the agreement, you may be locked into the agreement if it avoids any of the pitfalls mentioned above. These are complicated agreements, and you should always seek legal help if considering a prenuptial agreement or if you are presented with a prenuptial agreement to sign.

Legal Help

If you or someone you know is considering marriage, regardless of whether it is a conventional marriage or a same-sex marriage, make certain that you have addressed all the issues. An experienced Kane County Divorce Attorney can assist you in determining if a premarital agreement is right for you. The Professionals at Goostree Law Group, will analyze your situation and advise you accordingly. Call today 630-584-4800 for a free and confidential conversation with an attorney.