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4 Reasons Why a Prenuptial Agreement May Be Found Invalid

Wheaton contested prenup attorneyPrenuptial agreements are legal documents that are designed to help couples avoid contentious disagreements and extensive litigation if they decide to get a divorce. In reality, you may still need to go to court if your prenuptial agreement (or “prenup”) is contested, meaning that a spouse has challenged the terms or the validity of the agreement. It is important to understand what constitutes a valid prenuptial agreement and the potential reasons why a prenup can be found invalid, including:

1. It Is Not a Formal Document

Illinois law states that prenuptial agreements must be in writing for them to be acceptable and valid. Both parties must also sign the agreement for it to be valid. The best way to ensure that your prenuptial agreement is valid is to hire an attorney to draft the agreement for you. A skilled lawyer can ensure that your agreement meets the legal requirements for enforceability while including the terms that will provide you with the protection you need.

2. The Agreement Was Coerced

If you can prove that you were manipulated or forced into signing a prenuptial agreement, it may be considered invalid. You must be allowed time to read the agreement and know the terms of the agreement before signing it. For example, if your spouse hid the agreement in a stack of paperwork (such as your marriage license and other documents) and told you to sign the form, it may be invalid.

3. It Contains Invalid Provisions

A prenuptial agreement can contain many terms, but there are some decisions that are not allowed to be included in these agreements. Things that cannot be included in a prenuptial agreement include provisions about:

  • Child support
  • Child custody
  • Visitation rights
  • Illegal acts

If an agreement contains any of these things, part or all of the agreement may be thrown out by the courts.

4. Full Disclosure Was Not Given

When you create a prenuptial agreement, you are required to be open and transparent about your assets and liabilities. Sometimes, spouses will lie or hide certain assets to keep them from being subject to division during divorce. If you can prove that your spouse was hiding assets that should have been disclosed to you prior to signing the agreement, you may have grounds to declare the agreement invalid.

Seek Representation From a Wheaton Family Law Attorney

Prenuptial agreements can be tricky, whether you are trying to create a valid agreement or you and your spouse disagree about an agreement’s terms. Either way, you need the help of an experienced DuPage County prenuptial agreement lawyer. Contact Anderson & Associates, P.C. to discuss your situation and your prenuptial agreement. To schedule a free consultation, call 630-653-9400.

Sources:

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#549f9219a503

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

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