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What Could Make a Prenuptial Agreement Unenforceable?

Posted on in Divorce

IL divorce lawyerPrenuptial agreements can be great financial instruments for protecting the wishes and interests of a couple if they get divorced. Although nobody plans on getting divorced, the statistics on the success rate of marriages are clear, and more and more couples are electing to protect themselves with a premarital agreement. From ensuring a personal or family business remains intact to protecting one spouse from the other spouse’s student loans, a prenup is a highly customizable way to mitigate losses in a worst-case scenario.

In our last blog, we talked about the advantages and potential disadvantages of having a prenup. However, a prenup does not do anyone any good if it turns out to be unenforceable. Part of writing a strong premarital agreement is understanding its limitations, including when Illinois courts may declare all or part of an agreement invalid. Before you start writing your prenup, make sure you have the facts.

How Can I Make Sure I Have a Legally Enforceable Prenup?

Most prenuptial agreements are enforced by courts in Illinois without a problem. However, certain factors can cause a judge to deem a prenup invalid. These include, but are not limited to:

  • Duress - If one spouse was put under pressure (such as being presented with a prenuptial agreement shortly before the marriage and being told the marriage was contingent on them signing), a prenup may be invalid. Legal agreements must be signed by parties of their own free will - not because they felt coerced.
  • Unfairness - If the prenup allows one spouse to walk away with all of the assets, especially if it would leave the other spouse eligible to file for public assistance, the prenup may be deemed unconscionable.
  • Dishonesty - If a spouse lied or hid assets so that the other spouse did not have full knowledge of their finances, the prenup may be invalid. One of the crucial elements of a legitimate prenup is the comprehensive knowledge by both parties of each other’s financial situation.

Speak with a Plainfield, IL Prenuptial Agreement Attorney

The experienced attorneys with Reeder & Brown, P.C. have helped many couples write a valid prenup that codifies their wishes in the case of divorce. If you are considering a prenuptial agreement or have concerns that your agreement may not be enforceable, schedule a free consultation with a Will County prenuptial agreement attorney today. We can help save you time and effort tomorrow by making sure your prenup is done right today. Call us at 815-768-4800.

 

Source:

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

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