Most couples who enter into a prenuptial agreement prior to marriage do so in an effort to protect both party’s assets. However, after a divorce, some people find that they do not like how the prenup ended up working for them. If your ex suddenly wants to contest your prenup, what can you do?
In Illinois, a prenuptial agreement is “enforceable without consideration” when both parties sign it. However, there are a few factors that may make your prenup unenforceable, according to state law.
If you or your ex-spouse did not sign the prenup voluntarily, it may end up voided. Chances are, your ex will likely not be able to prove that you coerced him or her into signing the document. However, it is possible that he or she may claim that mental instability or drug use made him or her unable to understand the prenup before signing.
For a prenuptial agreement to be valid, both parties must provide financial documentation of all assets. If your ex is trying to contest your prenup, he or she may claim that you tried to hide assets. Unless he or she is able to prove that you did not disclose all of your assets, your prenuptial agreement should remain valid.
Some prenups include the modification or elimination of spousal support. Many contestations of prenups have to do with this causes undue hardship. As a result, the court may require you to provide support, despite what your prenup outlines.
The best way to avoid your ex contesting your prenuptial agreement is by ensuring that it is completely enforceable in the first place. This can help you steer clear of issues in the future.