- Firm Overview
- Practice Areas
- Family Law Victories
- Personal Injury Victories
- Info Center
Prenuptial 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.
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.
There are many reasons a judge may invalidate a prenuptial agreement. These include:
Additionally, prenuptial agreements cannot include any terms that violate public policy or the criminal law statutes of the state.
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.