Are You Worried about the Terms of Your Prenuptial Agreement?

 Posted on August 28, 2014 in Family Law

Prenuptial agreements are becoming more commonplace for couples today. Prenuptial agreements serve the purpose of establishing specific rules in the event the marriage does not work out. Traditionally, these agreements were exclusively utilized by more wealthy couples, but that is no longer the case, as prenuptial agreements are now often used by couples when either spouse had children prior to marriage and/or in a previous marriage, and when either spouse already owned real estate, stocks, retirement accounts, or other assets prior to the marriage.

Accordingly, these agreements may address how marital property is distributed, and can determine specifics regarding financial provisions such as which spouse shall take on certain debts incurred prior to and/or during the marriage, amounts that shall be provided in spousal support, and terms for child support and custody.

Can You Challenge Your Prenuptial Agreement?

Before the marriage begins, many couples that chose to create a prenuptial agreement do so without ever wishing the marriage to come to an end. However, in some cases the marriage may not work out as well as hoped, and one or both of the divorcing spouses may no longer agree with what was written within the prenuptial agreement.

While the law and rules vary based on the jurisdiction, prenuptial agreements are not absolute or undisputable. The terms of these agreements can be amended at any time, and can even be challenged and possibly thrown out or rendered void by a court. Of course, the specific laws regarding prenuptial agreements are complex and often difficult to navigate, which is why anyone interested in challenging an agreement should seek the help of an attorney immediately.

Grounds to Challenge Prenuptial Agreements

Generally, a prenuptial agreement can be challenged on numerous grounds. These include:

1. If the agreement was fraudulent;
2. If the agreement was signed under duress of if one spouse lacked the mental capacity to agree to those terms;
3. If the contract was improperly executed and or filed;
4. If either spouse consented to the agreement without having the appropriate legal representation; or
5. If the agreement is too favorable to one of the spouse.

If you believe your prenuptial agreement is now unfair and plan to challenge in hopes of having it rendered void, it is best to seek the assistance of attorneys who can improve your chances of successfully challenging any such agreements.

Contact Us Today for Assistance

Whether you need assistance developing a prenuptial or postnuptial agreement, or need to challenge or defend one, our attorneys do it all. The Law Office of Martoccio & Martoccio is located in Hinsdale, IL and serves all of DuPage, Cook, Kane, Kendall, and Will County. Contact our Hinsdale family law attorneys today, either online or at 630-920-8855, and we can set up your free initial consultation and start assisting you in any of your marital planning or divorce matters.