Make Sure Your Prenuptial Agreement is Valid

 Posted on December 00, 0000 in Prenuptial Agreement

When the Illinois Uniform Premarital Agreement Act went into effect it applied to all premarital agreements executed on or after January 1, 1990. So while premarital agreements, also called prenuptial agreements or “prenups,” have been in use for more than 25 years, every year a number of these contracts are voided for a variety of reasons.

Without the help of an experienced lawyer who focuses their practice on matters of prenuptial agreements, you could watch as your spouse walks off with a lion’s share of the marital assets. Understanding the basics is a good start toward protecting yourself in the event of a divorce.

What Might Invalidate Your Prenup?

While assistance from an attorney is always recommended when it comes to any type of contract, here is a summary of the main causes why your prenuptial agreement might be invalid.

1. The agreement is fraudulent. If for example, it is determined that one or both parties failed to fully disclose their income, a list of assets or the value of such the prenup could be void.
2. The agreement was signed without proper legal representation. It is necessary that both signees secure separate and independent attorneys when entering into such a contract.
3. Coercion was used to secure a signature. Although difficult to prove, if it is found that one signee was placed under duress, to have been ill, under the influence of drugs or in a diminished mental state at the time of signing a court could throw out the agreement.
4. Improperly filed paperwork. Attention to detail is key, and carelessness during the drafting or subsequent recording of the paperwork could render your prenup null and void.
5. The agreement is found to be ridiculously one-sided. Judges have been known to throw out prenups that are lopsided so as to favor one party over the other.

It should also be noted that an oral prenuptial agreement is not valid. Yet another reason to secure experienced, knowledgeable legal representation when exploring the realities of a prenuptial agreement. Whether you are preparing to enter into marriage or facing divorce, a competent and practiced divorce lawyer can be your best ally.

Seek Help from a DuPage County Divorce Attorney that Understands Prenuptial Agreements

To better protect yourself in the event of divorce, secure assistance from an experienced Aurora divorce attorney who will draft and finalize a new prenuptial agreement, as well as review an existing prenuptial agreement. The knowledgeable staff at The Law Offices of Matthew M. Williams, P.C. will work to protect your share of the marital assets with a fair and equitable prenuptial agreement.

Sources:

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#71be6ad019a5

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