Can I Challenge My Prenup in an Illinois Divorce?

 Posted on February 12, 2020 in Divorce

Nearly any marriage can benefit from a prenuptial agreement. What was once considered a taboo or only for the uber-wealthy, prenuptial agreements are now being used by more and more everyday couples. In the event that you get a divorce, a prenuptial agreement can help you decide how your property is divided, whether or not you receive spousal support, or even who gets custody of your pets. Sometimes, however, you may no longer find that your prenuptial agreement is right for your situation when it comes time to divorce. Can you contest the terms of your prenuptial agreement?

Challenging Your Prenup

Prenuptial agreements are documents that are supposed to make your divorce process easier, not more difficult. However, if you believe that your prenuptial agreement should be invalidated, your divorce has the possibility of getting even more contentious. This is when it is crucial for you to hire experienced legal counsel.

Even though prenups are legally binding, they are not set in stone and can be challenged in some ways. Your attorney will be able to help you go over your prenuptial agreement and determine the reasons why your agreement may not be enforceable. You will need to attend a court hearing to challenge your agreement before a judge. If the court agrees with the criticism of the agreement, your prenup or parts of your prenup may be invalidated. Here are the most common reasons a prenuptial agreement is invalidated:

• Your spouse did not fully disclose all of his or her assets when the agreement was signed.
• You were forced or coerced to sign the agreement.
• You signed the agreement too close to the wedding and did not have enough time to fully understand the terms of the agreement.
• Your prenuptial agreement is extremely favorable to one spouse.
• You or your spouse did not have proper legal counsel when the agreement was signed.

A DuPage County Divorce Attorney Can Answer Any Questions You Might Have About Your Prenuptial Agreement

In most cases, a prenuptial agreement is binding once you are married. However, in some cases, you may be able to have your prenuptial agreement invalidated. If you are going through a divorce and you have questions about your prenuptial agreement, you should contact a knowledgeable Elmhurst, IL divorce lawyer. At Weiss-Kunz & Oliver, LLC, we not only help couples create prenuptial agreements before marriage but can also examine them for possible invalidity. Do not go through your divorce alone; call us today at 312-605-4041 to schedule a consultation.

Sources:

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#3b08243019a5

https://www.cnbc.com/2018/03/09/the-american-greed-report-heres-how-to-bulletproof-your-prenuptial-agreement.html