Three Reasons That a Prenuptial Agreement May Be Unenforceable

 Posted on May 25, 2023 in Prenuptial and Postnuptial Agreements

When couples sign a prenuptial agreement, they expect that it will be enforced by an Illinois court in the event of a divorce. However, there are circumstances when a prenuptial agreement will be unenforceable. A court views a prenuptial agreement just like any other contract, and there are times when it can be thrown out entirely. You should always get help from an experienced prenuptial agreements attorney before signing the agreement. Here are some reasons that a prenuptial or premarital agreement may be unenforceable.

The Agreement Is Lopsided in Favor of One Spouse

Any contract cannot be unconscionably skewed in favor of one party. If the terms of the prenuptial agreement are grossly unbalanced, the court may view the contract as unfair and set it aside. It is crucial when negotiating an agreement to try to be fair and reasonable. If the deal seems “too good,” it may not be upheld in the event of divorce in the future.

There Was Coercion or Duress

Each party must sign a contract of their own free will. If there are threats or excessive pressure applied, they would not have agreed voluntarily. The court would review the circumstances at the time that the spouses signed the agreement. If it appears that one used any means to force the other to sign, the judge could invalidate the agreement.

One Side Did Not Make Full Disclosure of Their Assets

Each spouse must have the full range of financial information available to them at the time that they sign the agreement in order to make an informed decision. Parties agree to a prenuptial agreement based on their knowledge of the other prospective spouse’s finances and assets. Each spouse must make full disclosure of their financial information, so the parties can negotiate the terms of the agreement and understand what they are agreeing to. The failure to fully and accurately disclose assets could be fraud, that could entirely invalidate a prenuptial agreement.

Contact a DuPage County Premarital Agreement Lawyer Today

The DuPage County prenuptial agreement attorneys at Davi Law Group, LLC can help you negotiate an effective prenuptial agreement. If you have already signed an agreement, we can evaluate it. To schedule a free consultation, you can call our office today at 630-657-5052.

Source:

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/?sh=2de2ed9b19a5