Reasons Your Prenuptial Agreement May Not Be Upheld in a Divorce

 Posted on March 29,2022 in Chicago divorce attorney

Prenuptial and postnuptial agreements are beneficial during a divorce. Many couples will choose to create a prenuptial or postnuptial agreement to protect their assets if the marriage does not work out. Prenuptial agreements and postnuptial agreements can address the division of assets, spousal support, and other financial matters. Despite the usefulness of many prenuptial agreements, there are still instances that a prenuptial agreement may not be upheld in court during your divorce.

How Can a Prenuptial Agreement Be Invalidated?

Courts usually uphold the agreements described in a prenuptial agreement or postnuptial agreement. However, there are still ways that a spouse can justifiably contest their prenup. There are a few core reasons the court could invalidate a prenuptial agreement:

• Hidden Assets — A prenuptial agreement may be invalidated if one spouse has hidden assets. Hiding assets is deceptive and can change how other assets should be divided. If one spouse did not disclose all of their property or debt, the agreements in the prenuptial agreement will be based on incorrect information.
• Coercion — If a partner coerced a spouse to sign the prenuptial agreement, the document might be invalid. A legal agreement is intended to be signed by both parties of sound mind and body. If one spouse was forced into agreeing through threats or coercion, that spouse could contest the prenup in court.
• Lack of Proper Counsel — Another reason for invalidating a prenuptial or postnuptial agreement is if the original legal counsel that approved the document made a mistake.
• Unconscionability - Part of all of a prenuptial agreement may be nullified due to the inclusion of unconscionable terms. Unconscionable terms are terms that are extremely unfair or would leave one spouse in such financial hardship that he or she would be eligible to receive public financial assistance.

Speak With a DuPage County Family and Divorce Attorney

Prenuptial agreements are useful legal tools for a wide range of situations. However, prenuptial agreements must meet certain criteria to be enforceable. If a prenup is deemed invalid, some or all of the agreements the spouses made could be thrown out. This is why it is so important to work with an experienced family law attorney when drafting a prenup.

At the The Law Office of Matthew M. Williams, P.C., our DuPage County family and divorce attorney has been practicing law for over 15 years. Attorney Matthew Williams may be able to help you strengthen your prenuptial agreement or contest a past agreement depending on your situation. For a free consultation with our law office, don't hesitate to contact us at 630-409-8184.

Source:

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