These days, it is not uncommon for a couple to sign a prenuptial agreement before tying the knot. Done right, a prenuptial agreement can help couples separate private assets from marital assets in the event of a divorce.
Unfortunately, many people learn that the prenup agreement they invested their time and effort in creating is invalid. Even worse, they often learn this at the worst possible of times – when they are going through a divorce. If your prenuptial agreement is invalidated, you deserve to know why that happened.
Here are three questions that can help you understand why your prenuptial agreement would be invalidated in Illinois.
Did it lack transparency?
The primary purpose of signing a prenup is to protect each party’s financial interests should the marriage collapse. As such, both parties must make complete disclosures of their assets and debts. If you withheld some information when signing the prenup, the other spouse can petition for its invalidation.
Was it signed under duress?
If either party was manipulated or coerced into signing a prenup, then the prenup may be declared null and void. An example of coercion would be bringing the subject of prenup up right before the marriage and making the wedding contingent upon the other party signing the document. Forcing the other party to sign the document while under the influence of drugs or alcohol may also amount to manipulation.
Was it grossly unfair?
It is not uncommon for couples to tie the knot when one spouse has substantially more assets and income than the other. It is for such reason that there may be a motivation to sign a prenuptial agreement. However, if the prenup is structured in such a way that it would leave one spouse dependent on public aid or homeless, then the court may declare it unenforceable.
A prenuptial agreement can help draw the line between marital and personal properties during the divorce. Find out how you can create a prenup that will be enforceable during the divorce.
