Tag Archives: disputing a prenuptial agreement

IL divorce lawyerThe divorce of Kim Kardashian and Kanye West made headlines around the world recently. There have been varying opinions about the divorce since it was announced, but one thing is certain. The divorce case is likely to be quite complex, even though the couple had a premarital agreement in place. Kim and Kanye, however, are not the first couple to go through a complex divorce, and they will not be the last, either. Below are some of the factors that can make a divorce case complex.

Distinguishing Separate Property from Marital Property

In a divorce, only marital property is divided. Marital property includes any assets or liabilities the couple acquired together during the marriage. Determining which assets are considered separate property is typically more difficult than identifying marital property. Inheritances and gifts, as well as personal injury awards, are types of property that are usually considered separate.

However, it is important that spouses keep these assets separate from marital assets, such as placing them in a separate account. Co-mingling assets makes it incredibly difficult to determine which of the assets have been spent, and how much of the separate property remains. When separate property is not kept separate, it may be subject to property division.

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IL divorce lawyerMore and more people write prenuptial agreements every year, realizing that these documents will protect them in the event that the marriage ends. However, there is a lot that goes into a premarital agreement and if you make a mistake, it may not offer the protection you were counting on. Below are the most common mistakes people make when drafting a prenup, and how to avoid them.

Failing to Broach the Subject

You may feel as though talking about a prenuptial agreement is not romantic, but the truth is that a conversation can make both you and your partner feel more secure in the marriage. People fail to talk about their financial situation prior to their wedding far too often. When creating a prenuptial agreement, you must be fully open and honest with each other, which can eliminate arguments about finances that lead to divorce in the future.

Bringing up the subject of a prenuptial agreement does not have to be uncomfortable. Have the discussion as early as possible and emphasize that the agreement will protect both of you in the future, and prevent a lot of headaches, if necessary.

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IL divorce lawyerPrenuptial agreements are not tacky agreements as they were once thought. More and more people are entering into a prenuptial agreement before getting married to protect themselves in the event that they get divorced. Still, if you entered into a prenuptial agreement and are now worried that you signed away your rights, you can still take action. There are many ways to challenge a prenuptial agreement in Illinois and ask a judge to invalidate it.

Voiding a Prenuptial Agreement

When a judge deems a prenuptial agreement to be void, they may invalidate the entire agreement, or they may only strike down certain portions of it that they deem to be unfair. Certain provisions are also not allowed in prenuptial agreements. For example, in Illinois parents are considered to be financially responsible for their children until they are no longer a minor. As such, prenuptial agreements cannot waive child support obligations. In some instances, a judge may also strike down a provision that reduces or eliminates spousal support if they find that the person is entitled to receive support and will be left in financial hardship without it.

Reasons to Void a Prenuptial Agreement

There are many reasons a judge may invalidate a prenuptial agreement. These include:

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IL divorce lawyerMany people draft a prenuptial agreement so that in the event that they must get a divorce, their best interests and personal property are protected. However, too often people enter into divorce only to learn that their prenuptial agreement is not enforceable. This is shocking, as the assets that people thought were going to be left out of the divorce process are now subject to property division rules. For this reason, it is advisable that everyone understands what will deem a prenuptial agreement unenforceable, so that should the time come, they can enjoy the protection that they thought they had in place.

Incorrect Financial Information

When drafting a prenuptial agreement, each partner in the relationship must fully disclose their assets, income, and debts. This is very beneficial because it can help prevent arguments in the marriage regarding property and money, which is one of the leading causes for marriages to break down and for individuals to get a divorce. However, it is also extremely important that each spouse is honest about these terms when drafting a prenuptial agreement because if they are not, the agreement could be deemed unenforceable.

One Spouse Did Not Sign the Prenup Willingly

A prenuptial agreement is a contract and as such, each partner entering into it must agree to the contract and sign it willingly. When this is not the case, the contract is considered invalid. No partner should be under the influence of alcohol or drugs when they sign the prenuptial agreement, nor can they be forced or coerced into the agreement. Each partner should read the entire prenuptial agreement and fully understand the terms outlined within it before they sign. Proving that one of the parties did not consent to the prenuptial agreement is extremely difficult, so individuals that want to make this argument should speak to a lawyer that can help.

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Illinois prenup laws, Illinois divorce lawyerWhen 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:

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