When is an Illinois Prenuptial Agreement Not Legally Enforceable?

 Posted on February 21, 2020 in Illinois Family Law Attorney

Prenuptial agreements, or prenups, have long been the subject of rumors and misinformation. Many people falsely assume that if a couple truly loved each other, they would not need a prenuptial agreement. This is simply not true. Prenuptial agreements provide a range of benefits, but they must be accurately executed in order to be legally enforceable. There are several issues that can make a prenuptial agreement invalid.

False Financial Information

Prenuptial agreements allow spouses to define and protect property rights in the event of divorce. Another major benefit of prenuptial agreements is that creating the agreement gives spouses the opportunity to make sure they are on the same page regarding finances. Disagreements about money are among the most common reasons that married couples split up and is considered to be the leading cause of tension in romantic relationships. Having an honest conversation about financial matters before the marriage can help prevent money-related arguments in the future. During the creation of a prenuptial agreement, each spouse must fully disclose income, assets, and debts. If a prenuptial agreement is founded upon false or incomplete financial information, the document may be invalid.

Once Spouse Did Not Consent to the Prenup

Just like other types of contracts, participants must fully consent to a prenuptial agreement in order for it to be valid. If a spouse did not legally consent to the agreement because he or she was under the influence of drugs or alcohol at the time of signing the agreement or was coerced or forced into the agreement, it will not be valid. In order to be legally enforceable, both spouses must read and fully agree to the terms of the agreement. However, proving that a spouse did not consent to a prenup can be difficult and will require help from an experienced attorney.

The Prenuptial Agreement Contains Unconscionable Provisions

Prenups typically deal with matters of property division, spousal maintenance, and other financial concerns. There are certain issues, however, that cannot be included in a prenuptial agreement. The prenup cannot contain directions regarding child custody or child support. The agreement also cannot contain provisions which are extremely unfair or those that deal with non-financial matters like intimacy or household chores. If a prenuptial agreement contains these types of provisions, a judge may call the validity of the entire document into question.

Contact an Arlington Heights Family Law Attorney

If you are interested in drafting a prenuptial agreement or you have concerns about the validity of an existing agreement, contact the Cosley Law Office. Schedule a free, confidential consultation with a knowledgeable Rolling Meadows prenuptial agreement lawyer from our firm by calling our office at 847-253-3100.

Sources:

https://www.cnbc.com/2015/02/04/money-is-the-leading-cause-of-stress-in-relationships.html

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