Can a Prenup Be Changed or Revoked?

 Posted on October 06, 2023 in Aurora Family Law Attorney

Yes, the terms of a prenuptial agreement (prenup), or premarital agreement, can be changed or revoked in Illinois. However, certain requirements must be met for changes to take place.

When considering changing your prenup, it is important to consult with an attorney. A divorce and family law attorney can help you understand the legal implications of your decision and can draft the necessary paperwork. It is also a good idea to have each spouse hire their own attorney to ensure that both parties are represented fairly.

How to Change a Prenup

Prenuptial agreements in Illinois can be changed in a few ways. One way is to sign a new agreement with your spouse, which will effectively cancel out the old prenup. Another option is to use a postnuptial agreement, which is similar to a prenup but is created after marriage. Postnups are often more detailed than prenups, especially in terms of how marital assets will be divided in the event of a divorce.

The courts may scrutinize postnups and prenup changes more closely than original prenups. This is because there is a greater risk that one spouse may have coerced the other spouse into signing the agreement. If a judge sees that both spouses have separate legal representation, it is more likely that the court will uphold the agreement.

Here are some additional things to keep in mind about changing prenups:

• Both spouses must agree to the change in writing

• The change must be signed and notarized by both spouses

• The change must be filed with the court

• The court may not enforce a change if it was not done fairly or if one spouse was pressured into signing it

How a Prenup is “Revoked”

A prenup is revoked or considered invalid and unenforceable if it fails to meet the requirements outlined in The Illinois Uniform Premarital Agreement Act. A prenup is invalidated if:

• It was not signed by both spouses in writing

• The signing was found to be done under duress or involuntarily

• Information in the document was considered untrue or it failed to disclose all financial information required

• Spousal maintenance was waived initially but is now required by one spouse due to hardship or circumstances

Contact an Aurora, IL Prenup Agreement Attorney

For close to a decade, the The Law Office of Matthew M. Williams, P.C. has worked on some of the most complex family law issues including premarital agreements. A Kendall County, IL prenup agreement lawyer like Matthew M. Williams can help you draft or revise the ideal prenuptial agreement regardless of asset complexity. Call the office now at 630-409-8184 for a free consultation with an attorney who can cut through the complications a prenup may bring.