Reasons Why Your Prenuptial Agreement May Not be Enforced

 Posted on June 22, 2016 in Prenuptial and Postnuptial Agreements

Couples sign prenuptial agreements before marriage so they are able to determine, in advance, how assets will be divided if there is a divorce. The Illinois Uniform Premarital Agreement Act governs prenuptial agreements. Couples enter into prenuptial agreements assuming that the court will enforce them if there is a divorce. However, there are situations that make a prenuptial agreement, or some of the provisions in a prenup, invalid.

When preparing and signing a prenuptial agreement, it is important to have a knowledgeable prenuptial agreement attorney to ensure that you do not accidentally have your agreement invalidated in whole or in part.

Duress

For a prenuptial agreement to be valid, both parties must sign the agreement willingly. There cannot be coercion or duress on either party to sign the agreement. One spouse saying that he or she will not get married without a signed prenuptial agreement is not necessarily enough to be duress in itself. However, the court will look at the amount of time before the wedding that the prenuptial agreement was signed. If an agreement was signed immediately before the wedding, then there may be a case for duress. Duress is generally when one person does not feel like he or she has any other options but to sign the agreement.

Unconscionable

Generally, adults can enter into any agreements they wish. However, there is a limit and that is when an agreement is “unconscionable.” Unconscionable does not just mean unfair, but inequity to a level that shocks the conscious. For example, an agreement that leaves one spouse very well off and the other in extreme hardship may be unconscionable. Further, Illinois law does not enforce prenuptial agreements that would leave one party eligible for public assistance.

False Disclosure of Assets

Unless a spouse waives it, the other spouse is required to disclose all of his or her assets before signing a prenuptial agreement. The parties have a right to understand the true financial situation of the other party before making an agreement about asset division and maintenance. If one of the spouses gave fraudulent or incomplete information and the other spouse did not waive his or her right to this information, then the other spouse can ask for the agreement to not be enforced.

Void Marriage

Prenuptial agreements are related to a marriage. Therefore, if there is no marriage, the prenuptial agreement will not apply. If a marriage is void due to age, mental incapacity, or one spouse already being married to another person, then the prenuptial agreement will also be void.

DuPage County Prenuptial Agreement Attorneys

If you are considering a prenuptial agreement, then you need to make sure you have a skilled prenuptial agreement attorney to assist you so that your agreement will be enforced in court. The dedicated DuPage County prenuptial agreement attorneys at Davi Law Group, LLC can help you with preparation and enforcement of your prenuptial agreement.

Source:

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