Will My Prenup Be Honored in an Illinois Divorce?

 Posted on April 19, 2024 in Family Law

Prenuptial agreements are important documents that many people choose to enter into before marriage. A prenuptial agreement lays out important details about each spouse’s assets, what to do in the case of a divorce, and other essential agreements. For the most part, prenuptial agreements are consulted by courts and honored in the case of a divorce, though these agreements may sometimes be challenged or found unenforceable.

A skilled Illinois prenuptial agreement attorney can help you create a prenuptial agreement that is mutually agreeable for you and your spouse and likely to hold up in court as necessary.

Unenforceable Items in an Illinois Prenuptial Agreement

The Illinois Uniform Premarital Agreement Act lays out a set of rules for prenuptial agreements and the type of agreements that can be listed in this document. Both spouses must sign the prenuptial agreement to show they agree with the items listed within the document.

However, even if both spouses sign and agree to a prenup, some items and situations in a prenuptial agreement may allow the court to find it unenforceable, such as the following:

• The agreement is to the benefit of one spouse and is heavily unfair to the other spouse
• Assets and other items were misrepresented or hidden from one spouse during the creation of the agreement
• Procedural errors were made as the prenup was formed and signed
• Fraud or deceit from one or both spouses played a part in the creation of the agreement

Additionally, if one spouse was forced to sign the prenuptial agreement or coerced to sign in any way, the prenuptial agreement will not be honored in court as it was not agreed upon voluntarily.

How Do I Make Sure My Prenup is Honored?

Creating a properly created prenuptial agreement that includes mutually beneficial agreements for both you and your spouse is key to ensuring that the agreement is honored.

To make sure that your prenup is honored, you and your spouse may want to consult a mediator or separate legal representation to protect each of your interests. This legal guidance can help you avoid conflicts and reach agreements with legal backing, as well as ensure your prenuptial agreement is created following Illinois proper procedures.

Contact a St. Charles, IL Prenuptial Agreement Lawyer

The creation of a prenuptial agreement is stressful, though assistance from a knowledgeable Kane County, IL prenuptial agreement attorney is incredibly beneficial during this process. A prenuptial agreement lawyer works to ensure that your agreement will be honored in court and that all of the items within the agreement benefit both you and your spouse.

At Shaw Sanders, P.C., Attorney Matt Shaw is also a mediator, and he is uniquely qualified to help you and your spouse create a suitable prenuptial agreement. Call 630-584-5550 for a free consultation.