Can a Prenuptial Agreement be Nullified in Illinois?

 Posted on March 28, 2025 in Prenuptial and Postnuptial Agreements

There are many good reasons to have a prenuptial or postnuptial agreement. Even though such an agreement is often portrayed as being "unromantic," far from implying that the marriage is doomed, it is actually a smart financial move. Couples that are marrying for a second or third time may need a prenuptial agreement even more because they may each have children from prior marriages, making financial issues more complex.

Far from being only useful for the super-rich, a well-written prenuptial agreement can offer clarity in a relationship while facilitating communication regarding financial expectations. In the state of Illinois, specific criteria must be met for a prenuptial agreement to be considered legal and binding. Because of this, it is never a good idea to prepare your own DIY prenuptial agreement. To ensure your agreement does exactly what you intend it to do, speak to a knowledgeable Wheaton, IL family law attorney.

What Are the Benefits of a Prenuptial Agreement?

A prenuptial agreement can help couples avoid a lengthy, contentious property battle by defining exactly which assets qualify as marital property. Whether the couple agrees on a 50/50 split or an unequal division of marital assets, the couple can make that decision now, before a divorce. A prenuptial agreement can also protect one or both spouses from the debts of the other.

If one spouse comes into the marriage with a significant level of student loans, credit card debts, or other types of debt, a prenuptial agreement can clearly define the liabilities that will remain the separate debts of one spouse. Couples who are older may use a prenuptial agreement to clearly state which of their assets will go to their grown children and which will be considered marital assets.  

Are There Any Drawbacks to a Prenuptial Agreement?

Many couples may consider a prenuptial agreement to be a romance killer because it brings up the issue of divorce at a time when a couple is expecting to spend the remainder of their lives together. Discussing these issues could put a damper on an otherwise exciting time. It is sometimes easy for a prenuptial agreement to be unbalanced when one spouse has considerably more assets than the other. Both partners should hire their own lawyers to review the document before it is signed.

What Could Void a Prenuptial Agreement?

There are certain issues that can void a premarital agreement. These issues include:

• Coercion was used to get one of the spouses to sign the prenuptial agreement.
• One spouse did not have the mental capacity necessary to sign the prenuptial agreement or had a serious drug or alcohol problem at the time.  
• The premarital agreement was presented to one spouse by the other right before the wedding, failing to provide that spouse the time necessary to have an attorney look at the agreement.
• There are unconscionable provisions in the prenuptial agreement that are either wildly unfair or unethical.
• One or both spouses failed to accurately portray his or her true financial situation to the other or downplayed certain assets to make the other believe those assets were worth much less.  
• The agreement heavily favors one spouse over the other.   

Contact a DuPage County, IL Premarital Agreement Lawyer

If you have discussed having a premarital agreement drawn up with your soon-to-be spouse but are unsure how to initiate the process, an experienced Wheaton, IL premarital agreement attorney from Davi Law Group can assist you. Attorney Davi spent several years as an Assistant State’s Attorney in DuPage County before starting his own firm. This broad level of experience is beneficial for every client. Call 630-657-5052 to schedule your free consultation.