Can an Illinois Prenuptial Agreement Be Disputed?

 Posted on July 07, 2017 in Family Law

When you make the decision to enter into a marriage, you, like those before you, believe that the union will last forever. You have visions of your happily ever after and holding the hands of your loved one well after your hair loses its color. However, for a significant portion of the population, life happens, and the plans change. Especially due to high divorce rates, more couples inquire about entering into a prenuptial agreement, also known as a prenup, before tying the knot. For most Illinois cases, this contract is enforceable. However, this is not true for all situations.

Illinois Uniform Premarital Agreement Act

After the engagement and before the wedding a discussion about what happens if things go sour is a good idea. Although no one likes to taint the joyous occasion with negativity, marriage is a binding legal union, and it is well-advised to create a plan of action for if the contract collapses. A prenuptial agreement, or premarital agreement, delegates when everyone is on agreeable terms what should happen to property, investments and other earnings when everyone is not-so-willing to negotiate. This agreement must be in writing before signing the marriage certificate and becomes valid only after the union legally begins. Most areas of marriage may be included, except child support and visitation rights. A few items often included in such an agreement are:

• Property division,
• Right to buy out the other spouse,
• Support payments,
• Personal rights and obligations,
• Wills and trusts, and
• Ownership rights for death benefits.

Enforceability of the Agreement

Having an attorney assist in drafting the prenuptial agreement ensures the document follows Illinois statutes and is valid if it becomes necessary. If you did not have an attorney help you with your contract, there might be some pitfalls to look out for, including:

• Dishonest reporting of assets,
• Unconscionable terms,
• Invalid marriage,
• Fraud, or
• Coercion.

Ask an Attorney

Are you considering divorce but a pre-existing prenuptial agreement stands in your way? Are you concerned about the validity of the document you and your spouse created? If you would like to present your questions to a Hinsdale, IL divorce lawyer, contact the Law Office of Martoccio & Martoccio today. We are ready to help and answer your questions through a free initial consultation. All you have to do is call 630-920-8855 today.

Sources:

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

http://www.aaml.org/sites/default/files/MAT206_3.pdf