Proving You Were Forced Into Signing a Prenup in Illinois

 Posted on September 05, 2024 in Family Law

It has become somewhat common practice to sign a prenuptial agreement. Not everyone signs one, but almost everyone has heard of one. However, even though a prenup can have a serious impact on your financial future, some people sign it without truly wanting to. Maybe their future in-laws gave them an ultimatum to pressure them into signing it. Perhaps they lacked the knowledge to fully understand that they were signing a document their spouse’s family lawyer drew up that unfairly represented the spouse’s interests. 

If you signed a prenup that you did not want to, it might not have seemed like a big deal at the time because you were sure you would live happily ever after. Unfortunately, most people do not anticipate divorce when they are planning their wedding, and many people find themselves in divorce proceedings with a prenup that they were never comfortable with. If you fall under this category, speak with an experienced Kane County, IL divorce lawyer to review your options.

How Can I Prove That My Prenup Was Forced on Me?

If you signed a document, it can be challenging to prove that you signed it against your will. However, several issues could convince a court that you were pressured into signing it, including:

• Lack of legal representation: If your spouse’s family has considerable assets, they likely have their own attorney on retainer. In such circumstances, this family lawyer might draw up documents to reflect the interests of his clients, which in this case would be your spouse’s family but not you. If your interests were seemingly represented by your spouse’s family’s lawyer instead of a lawyer representing you specifically, you might have signed a document that failed to represent your best interests. While this could place you at a significant disadvantage, it can also be reasonable for you to demonstrate to the court.

• Timing: Sometimes, a family will pressure the bride or groom to sign a prenup, threatening that the wedding will not happen unless it is signed. This is considered undue pressure and can be enough to make a prenup invalid. Prenups are signed and dated, so if the date that appears on the prenup was the same date or one immediately before your wedding, you might have a strong case for coercion.

• Inebriation: If you were not of sound mind when you signed the prenup, it could render it invalid. If you were under the heavy influence of drugs or alcohol at the time, and there is any documentation of this - including photographs, video footage, and eyewitnesses - it could help your claims.

• Testimony from confidants: If you had negative feelings about your prenup, you might have discussed these with family and friends. If so, they can offer testimony to that effect, which could help demonstrate that you signed it against your will.

Schedule a Free Consultation with a St. Charles, IL Family Law Attorney

If you can demonstrate that you were forced to sign an unfair prenup, a court could find it invalid. A knowledgeable Kane County, IL divorce lawyer can review your prenup, examine the relevant factors, and help you get past it. At Goostree Law Group we understand how people can intimidate others into signing important legal documents against their will, and we are passionate about helping our clients overcome these situations. Call us at 630-584-4800 to schedule a free consultation.