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Prenuptial agreements are contracts that set out a plan for the division of property and assets if a couple decides to divorce. Illinois law requires prenuptial agreements to be in writing and signed by both parties. The agreements go into effect once a couple gets married.
Prenups are not iron clad, and they can be contested. Under Illinois law, prenups cannot contain provisions that adversely affect the right of a child to receive child support, violate public policy, or violate a criminal statute. Any of these prenup provisions will be unenforceable, but will not necessarily make the whole agreement invalid. A court can choose to strike only the invalid provisions, and enforce the rest of the agreement.
Prenuptial Agreement Enforcement
In addition to partially invalidating a prenup that contains prohibited provisions, courts can also invalidate an entire agreement. An invalidated prenup is completely unenforceable. If a prenuptial agreement is found to be unenforceable, spousal support and division of property are determined through court proceedings.
There are several reasons that a prenuptial agreement can be held to be unenforceable. These reasons are listed in the Illinois statute, and can be asserted when contesting the agreement. In Illinois, a prenup can be held to be unenforceable due to:
Consult with an Illinois Prenuptial Agreement Attorney
Divorce can be a very difficult time, especially if it is prolonged by court proceedings over a prenuptial agreement. The prenuptial agreement attorneys at Martoccio & Martoccio have years of experience representing clients on both sides of prenuptial agreement disputes. Located in Hinsdale, Illinois, our law firm provides quality legal counsel for prenup contests in DuPage, Cook, Kane, and Will Counties. If you need representation in a prenuptial agreement dispute, contact us today.