When Can You Challenge a Prenuptial Agreement in Illinois?

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:

  • The marriage is deemed void: If there is a legal issue with the marriage and it was never considered lawful, the couple cannot get divorced, and therefore, the prenuptial agreement will be deemed void.
  • Duress: If one party signed the agreement because they were under duress or were coerced into signing, this can deem a prenuptial agreement void. It is for this reason that it is recommended to draft and sign a prenuptial agreement well in advance of the wedding.
  • Lack of full disclosure: In order for an agreement to be valid, both parties must be fully open and honest about their assets, property, and debts. When one party does not provide full disclosure, it is a valid reason to invalidate a prenuptial agreement. In these instances, it must be shown that the other party did not waive the right to full disclosure and that the party challenging the agreement could not have reasonably known about the other party’s financial situation.

Additionally, prenuptial agreements cannot include any terms that violate public policy or the criminal law statutes of the state.

Our Illinois Family Lawyers Can Help with Your Case

Whether you wish to challenge a prenuptial agreement or you are about to get married and would like to draft one, it is important that you speak to a skilled Hinsdale family lawyer right away. At the Law Office of Martoccio & Martoccio, our experienced attorneys understand how to draft these agreements to ensure that they are enforced by the courts. We also know how to challenge them and get certain parts of them struck down so your rights are always protected. Whether you want to draft an original agreement or challenge one that is already in place, call us at 630-920-8855 or contact us online for a free initial consultation.

 

Source:

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

 

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