What Can Invalidate a Prenuptial or Postnuptial Agreement in Illinois? 

 Posted on November 16, 2021 in Prenuptial and Postnuptial Agreements

 Prenuptial and postnuptial agreements can be helpful financial instruments when seeking to protect individual assets and debts in the event of a divorce. However, for these agreements to do either spouse any good, they must be written in a way that ensures they are enforceable. 

Understanding what might make a prenuptial or postnuptial agreement invalid is an important part of constructing a sound legal instrument that protects both spouses from dispute and heartache down the road. In an age where online legal resources are widely available, consulting a qualified Illinois prenuptial agreement attorney is well worth the time and effort to prevent foreseeable problems. 

Nullified Premarital Agreements

There are several factors that could cause an Illinois court to nullify a prenuptial agreement (and generally speaking, issues that invalidate a prenuptial agreement can also invalidate a postnuptial agreement). These include, but are not limited to: 

• The presence of coercion or pressure - If one spouse was presented with a prenup shortly before a marriage and the marriage was made conditional upon signing a prenup, a court may see this as coercion. Likewise, if the spouse requesting the prenup pressured the other spouse into not hiring an attorney, a court might see this as coercion. 

• The presence of alcohol or drug abuse or any other mental incapacity - If one spouse is unable to understand the contents or implications of a prenup, they cannot legally agree to its provisions. 

• Only one party had an attorney - If only the spouse who requested the prenup had an attorney, the court may believe that the other spouse did not have a full understanding of what he or she signed.

• One or both parties had an incomplete understanding of the other party’s finances - Enforceable prenuptial agreements require a full understanding of both party’s financial picture so spouses can understand what they are agreeing to. Failing to disclose or deliberately conceal one spouse’s finances can make an agreement invalid. 

• The document is fundamentally unfair - If the agreement contains unconscionable, unethical, or deeply unfair provisions, courts may refuse to enforce it. Although it is difficult to predict exactly what might be considered unfair, if a prenup leaves one spouse with significant assets and the other spouse is left impoverished, the prenup will likely not be enforced. 

Consult with a Skokie, IL Prenuptial Agreement Lawyer

Whether you are just beginning to draft a prenuptial agreement or need to understand whether your existing agreement is enforceable, it is crucial to know what can make a prenuptial or postnuptial agreement legitimate. An experienced Cook County prenuptial agreement attorney can help you understand your options and help you draft a prenuptial or postnuptial agreement if necessary. Call The Law Offices of Curtis Bennett Ross, L.L.C. and schedule a free limited consultation today at 312-984-1514. 

Source:

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