Can I Challenge a Prenuptial Agreement During My Illinois Divorce?

 Posted on February 07, 2020 in Prenuptial Agreement

When you tell people that you and your spouse have signed a prenuptial agreement, some may react with surprise. There are many benefits to getting a prenuptial agreement before you are married, but some people still feel a negative stigma against such documents. Although you may not have imagined your marriage would end in divorce when you were drafting the prenuptial agreement, it has now come to that point. Prenuptial agreements usually dictate how certain assets and property are divided in the event of a divorce, among other issues. However, if you no longer think the agreement is fair, can you do anything about it? It is important to know your options for contesting a prenuptial or postnuptial agreement if you find yourself getting divorced.

Examining Your Prenup

Prenuptial agreements are legally binding documents, but they can be challenged. If you believe that your prenuptial agreement is not valid, you should contact your divorce attorney right away. He or she will be able to bring your concerns to the judge and will be able to help you examine the reasons why it would be unenforceable. Once the issue is brought to the court’s attention, a judge may invalidate specific sections of the agreement or even throw out the entire agreement. Here are a few common reasons why a prenuptial agreement may be found invalid:

• The timing does not line up. Prenuptial agreements must be signed before the marriage takes place. If the agreement was signed after the marriage, it is invalid, and only a postnuptial agreement would have been valid. If the prenuptial agreement was signed too close to the wedding, it could be argued that not enough time was given for you to fully understand the agreement and its implications.

• One spouse was coerced, threatened, or forced to sign. Prenuptial agreements must be signed knowingly and voluntarily. If you can prove that the other spouse forced you, threatened you if you did not sign, or tricked you into signing the agreement, you may be able to have the agreement deemed invalid.

• Full disclosure was not given. When you sign a prenuptial agreement, you and your betrothed are required to fully disclose all of your assets, debts, and other details of your financial situation. If your partner did not fully disclose all required information, the agreement may be considered unconscionable or extremely unfair to you. In cases such as these, the prenup may be found invalid.

Contact a Kane County Divorce Attorney

Prenuptial agreements are often complex, and they can include a variety of issues that could affect your Illinois divorce. If you believe that your prenuptial agreement is invalid, you should speak with a skilled Aurora prenuptial agreement lawyer right away to make sure your rights are protected. At the Law Office of Matthew M. Williams, P.C., we can review your existing prenuptial agreement with you and determine a course of action for any issues that may concern you. Call our office today at 630-409-8184 to schedule a consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59