Contesting prenuptial agreements

On Behalf of | Nov 6, 2020 | Firm News |

As your marriage ends, you and your spouse may disagree about how to split up your belongings. Perhaps you signed a prenuptial agreement spelling out who has the rights to what property. Yet now that divorce is upon you, the agreement may seem questionable. 

Certain circumstances can render such a document unenforceable. You may be able to contest a prenuptial or postnuptial agreement if any of the following apply. 

Invalid execution

The Illinois Uniform Premarital Agreement Act states that parties must both sign the document. Moreover, you must both enter the agreement voluntarily, without undue pressure or coercion. You should be of sound mind and not under the influence of alcohol or drugs. 

Unconscionable provisions 

Any conditions that a court may deem as severely unjust can render the agreement unacceptable. Your prenuptial document may include a somewhat lopsided division of property. However, it should not be so extreme that you need public assistance after the divorce. 

Inaccurate financial disclosure

When drafting the prenuptial agreement, you and your spouse must disclose all the pertinent facts, both debts and assets. False or incomplete information can invalidate the agreement. 

Inadequate legal counsel

Both parties should treat a prenuptial agreement as they would any other legal contract. Ideally, you and your spouse consult a knowledgeable attorney prior to signing the agreement. Documents signed just before the wedding may appear questionable. 

A prenuptial agreement can make property division easier when a marriage ends. However, in certain situations, courts may look unfavorably upon them. It is possible to successfully dispute your prenuptial agreement.