4 Reasons Why Your Illinois Prenuptial Agreement May Be Found To Be Invalid

 Posted on January 30, 2019 in Family Law

Divorces can sometimes be messy, long, and complicated. As a result, prenuptial agreements have become increasingly popular for many couples, since they can help avoid some of the issues that can make divorces more difficult. Contrary to what movies or television shows might have us believe, prenuptial agreements can be utilized by more than just the uber-wealthy. These agreements can be helpful for any couple, because they allow spouses to make decisions about how certain matters will be handled in the event of a divorce. 

While a prenuptial agreement can be beneficial for you and your spouse, it must follow specific legal rules about its content and format. If you do not follow these rules, your prenuptial agreement may not hold up in court. Here are a few reasons why your agreement may be found to be invalid in court:

1. One of You Did Not Give Full Disclosure

If you are creating a prenuptial agreement, it is a requirement that both you and your spouse provide each other with full financial disclosure. This means that you must both be completely truthful about your assets and debts, disclosing information in full and reporting it accurately.

2. You Signed the Agreement Too Close to the Wedding

Another way your prenuptial agreement could be considered invalid is if it is drawn up or signed in close proximity to your wedding. Prenuptial agreements are not valid if they are signed under duress, or if one of the parties was coerced into signing it. If you finalize the agreement immediately before the wedding, it could be argued that the agreement was signed under duress or coercion.

3. The Agreement Is Extremely Unfair

A prenuptial agreement must also not be unconscionable, meaning it cannot be ridiculously lopsided. If you get everything in the divorce, and your spouse gets nothing, a judge may throw the prenuptial agreement out. Other unfair provisions, such as basing decisions on factors like weight gain or hair color, may also lead a judge to rule that your prenuptial agreement is invalid.

4. You Did Not Hire an Experienced Illinois Family Law Attorney

Another reason why your prenuptial agreement could be found to be invalid is because you did not have proper legal representation, or you did not fully understand the document that you were signing. At the Law Office of Vincent C. Machroli, P.C., we understand how complicated prenuptial agreements can be and the rules that are necessary to follow to ensure that an agreement is valid and enforceable. Our skilled Oak Park, IL prenuptial agreement lawyer can help you and your future spouse draft a solid, comprehensive agreement that meets your needs. Contact our office by calling 708-449-7400 to schedule a free consultation.

Sources:

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#1ebc74c019a5

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