What Would Make a Prenuptial Agreement Unenforceable in Illinois?

 Posted on May 07, 2021 in Prenuptial Agreement

Prenuptial agreements have always had some sort of societal taboo on them, but in recent years, society’s opinion of prenuptial agreements, or prenups for short, has evolved and more people have accepted their role. A prenuptial agreement is a document that both people sign before they get married that spells out the terms of their divorce if they were to ever get one. As a legal agreement, your prenuptial agreement is subject to certain standards and rules in order to be enforceable. If the agreement violates any of those standards or rules, those sections may be invalidated, if not the entire agreement. If you are thinking about getting a prenuptial agreement, it is important to make sure your agreement follows the rules, so it will be enforceable if you ever need to use it.

Not Having Full Financial Disclosure From Both Spouses

Before you sign a prenuptial agreement, both you and your spouse are supposed to disclose all of your financial information. This includes any property that you own, inheritances you expect to receive, and any liabilities you may have, such as student loans or credit card debt. Without full disclosure, the argument could be made that you did not fully understand what you were agreeing to when you signed the agreement.

Making the Agreement Extremely One-Sided

Another issue that stems from the previous issue is having an “unconscionable” agreement. While there is no legal definition of “unconscionable” in Illinois, it typically means extremely unfair or heavily favoring one spouse over the other.

Including Sections About Child Custody or Child Support

Topics that are forbidden from being included in a prenuptial agreement include issues that deal with the children. This means that you are not permitted to include any sections about how parenting time would be allocated or how much child support you would receive each month.

Not Having Separate Attorneys for Each Spouse

It is extremely important that you and your spouse both have separate attorneys to represent your best interests before you sign. One attorney cannot represent both you and your spouse and still advocate for both of your best interests, especially since they usually would not be the same. If you do not have individual attorneys, your agreement could be found invalid because of the lack of representation and understanding when the agreement was signed.

Our DuPage County Prenuptial Agreement Attorney Can Help

Going through the process of creating a prenup can be a lengthy and stressful process, which is why you want to make sure your prenup is as solid and sound as possible. If you are considering a prenup before you get married, you should speak with our skilled Wheaton, IL prenuptial agreement lawyers. At Stock, Carlson & Duff, LLC, we will help you ensure your prenuptial agreement fits your needs while still following all rules and requirements. To schedule a free consultation, call our office today at 630-665-2500.

Sources:

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

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