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When you are engaged to get married, one of the last things on your mind is divorce. Though it is not a romantic topic, or even one that you want to broach, thinking about what would happen if the marriage ended should be on your to-do list before you tie the knot.
Talking with your partner about what divorce might look like in your case can help the both of you have peace of mind during the marriage and could make for a simple divorce if it does happen. Prenuptial agreements can help you sort out your finances and help determine how marital property is divided if you decide to call it quits.
People enter prenuptial agreements for the security that they provide, so it is important that your agreement will hold up in court. There are several mistakes that can make your prenuptial agreement invalid, and many times these mistakes occur when one or both spouses does not retain counsel when agreeing to a prenup.
Your agreement can be denied simply because it was not in the correct format. According to the Illinois Uniform Premarital Agreement Act, prenuptial agreements must be in writing and signed by both spouses in order for it to be valid. Oral agreements are not valid and will not be upheld by courts.
When you enter into a prenuptial agreement, you are agreeing to fully disclose your assets and liabilities to your spouse before you sign. According to the Premarital Agreement Act, if you are not provided “a fair and reasonable disclosure of the property or financial obligations of the other spouse,” the agreement can be found invalid.
For an agreement to be valid, it must be signed by both parties of their free will and with the absence of coercion or duress. Though it can be difficult to prove that the agreement was coerced, it is not impossible. Agreements that are signed too close to the wedding can be invalidated for this reason. Some attorneys suggest that you sign a prenuptial agreement in front of witnesses or a notary to ensure this argument cannot be made when one party wants to enforce the agreement.
Marriage is a happy time in your life, and you probably do not want to talk about prenuptial agreements - but you should. A compassionate Hinsdale, IL prenuptial agreement attorney will be able to help you plan for the future. The Law Office of Martoccio & Martoccio understands the delicate landscape that is prenuptial agreements and knows how to draft strong agreements that will hold up in court. Contact the office at 630-920-8855 to set up a free initial consultation.