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Three Issues That Could Void Your Illinois Prenup

Posted on in Prenuptial Agreements

IL divorce lawyerAnyone who has written a prenuptial agreement before getting married knows that negotiations can be tough. Both partners want good things for each other, but they must also look out for their own best interests in the future. Sometimes, negotiating a prenup can be so challenging that couples may feel as if they are negotiating a divorce before the marriage even starts.

Because prenuptial agreements take hard work and compromise, it is extremely important to make sure that they are legally enforceable if a couple does get divorced. Unfortunately, many couples spend time painstakingly writing a prenup only to get a nasty surprise during divorce proceedings: The prenup is unenforceable and gets thrown out by a judge. If you are considering writing a prenup with your spouse, here are three big mistakes to avoid.

Coercion or Duress

Each partner must agree to the contents of the prenuptial agreement and sign of their own free will. If a fiance coerces, blackmails, or threatens their partner to secure a signature, the prenup could be considered invalid. If one partner presents the other partner with a prenuptial agreement shortly before the wedding and makes the wedding contingent on their fiance signing the prenup, that could be considered coercion. Couples can avoid this by creating a prenup together, having it reviewed by their own attorneys, and signing the prenup well before the wedding.

Important Information Is Missing

If one fiance knowingly withholds or conceals important information, the other partner simply cannot consent to the terms of the prenup. For example, if one partner had significantly more wealth or debt than the other partner and concealed this to keep the details of their finances out of the prenup, the other partner could try to get the prenup thrown out. Likewise, if one partner knew they could not have children and hid that from the other partner, the prenup may be deemed invalid.

The Prenup Is Grossly Unfair

Illinois divorce law requires spouses to divide marital property equitably. Even if one partner has significant wealth that is protected by a prenuptial agreement, that is not necessarily a problem if the other partner has a fair share of the marital property after the divorce. However, if the prenup leaves one partner wealthy while leaving the other partner unable to provide for themselves, the terms of the prenup will likely be considered unconscionable and thrown out by a court.

Schedule a Free Consultation with a Naperville, IL Prenuptial Agreement Lawyer

At Pesce Law Group, P.C., we want you to avoid wasting time and money on an unenforceable prenup. That is why our DuPage County prenuptial agreement attorney will help you draft a prenup that protects you and your loved one. With a great prenup, if a divorce ever happens, you will be prepared. Act now to secure your future by calling our offices today to schedule an initial consultation. Contact us at 630-352-2240.

 

Source:

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

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