What Invalidates a Prenuptial Agreement in Illinois?

 Posted on July 02, 2021 in Family Law

Prenuptial agreements are an important part of marriage for many people. As single individuals look ahead and consider the possibility that their marriage will not last forever, they should create a prenuptial agreement that protects their property and personal interests in the event that a divorce takes place. 

Careful planning is a crucial part of drafting a prenuptial agreement; divorce proceedings are the worst possible time to discover that your prenuptial agreement is unenforceable. However, with cautious preparation and the aid of an attorney skilled in prenuptial agreements, you can avoid errors and protect your property rights in the event of divorce or a spouse’s death. Here are some of the potential pitfalls you should look for when writing your prenup: 

No Written Record 

Couples cannot verbally agree on a prenuptial arrangement, even if witnesses are present. The prenup must be written, and both spouses must sign it. A prenuptial agreement may also be invalid if either spouse lied regarding assets or debts on their financial disclosure. 

Duress

If a court believes that one spouse was manipulated into signing a prenup, it may be deemed unenforceable. Surprising a spouse with a prenup right before the wedding – and then making the wedding conditional upon them signing the prenup – may be seen as coercive and could invalidate the prenup. You should talk to your partner about your prenuptial agreement early and often, so there are no surprises for either of you. 

Serious Unfairness

Just because one spouse enters and then leaves a marriage with the vast majority of the couples’ shared wealth does not nullify a prenup. However, if a prenup is going to leave one spouse in need of public assistance like food stamps or rental assistance, it is likely to be deemed invalid. Likewise, if a spouse failed to disclose or lied about their assets and debts, and the other spouse did not know and could not have known about these assets or debts, the prenup may be unenforceable.  

Illegality

If one spouse was too young to marry, was still married to someone else at the time of the marriage, or was incapable of consenting to marriage, any prenuptial agreement associated with that marriage will likely be considered unenforceable. 

Contact a DuPage County Divorce Attorney 

A prenuptial agreement does no good if it does not protect your assets and interests. At Martoccio & Martoccio, our skilled Hinsdale family lawyers can help you write a prenuptial agreement that will protect you and will be enforceable when it really matters. Call us today at 630-920-8855 to schedule a confidential consultation and learn how we can help you. 

Sources:

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

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000