Reasons Your Prenuptial Agreement May Not Be Valid

 Posted on May 28,2015 in Prenuptial Agreement

Before your wedding, you and your fiancé went through the process of drafting a prenuptial agreement. Like many couples, you decided that it was in your best interest to create an arrangement for financial security in the event of a divorce or premature death. Maybe you were not fully on board with the idea, but you loved him so much that you were willing to do just about anything to marry him.

Now it is several years later, your marriage has come to an end, and you realize that some of the terms and clauses in your prenuptial agreement seem to be a bit one-sided or unfair. You may even be wondering if it the agreement is valid and enforceable. Depending on the circumstances, it is possible that a prenuptial agreement may be invalidated for several different reasons.

Fraud

A valid prenuptial agreement must be based on full disclosure of assets from both parties. It is vital to understand what each spouse owns at the time in order to determine what is to be protected or divided later. While you may have been forthcoming with your financial information, if your fiancé was not and you can prove it, there is a good chance your prenuptial agreement can be invalidated.

Coercion, Duress, or Mental Incapacitation

One of the key components of a prenuptial agreement is that it is to be entered into voluntarily. Being forced into signing one by threats or ultimatums may invalidate the agreement, but you must be able to offer evidence that this was the case. Likewise, if you signed the agreement without full control of your mental capacities, while drunk or under the influence of drugs, for example, a court may choose to invalidate it.

Lack of Counsel

Did you sign your prenuptial agreement without consulting a qualified lawyer? Maybe you relied on your fiancé’s attorney to look after both of your best interests. While Illinois does not specifically require each party to retain a lawyer in developing a prenuptial agreement, not having one can place you at a severe disadvantage. If a court decides that your disadvantage led to an unfair or improperly prepared agreement, the document may be thrown out.

Unconscionable Terms

Most courts do not really become involved with many of the specific clause in most prenuptial agreements. However, the inclusion of certain provisions may lead the court to act otherwise, including terms prohibited by law such as arrangements for child custody or support. Such provisions may include unreasonable terms related to physical characteristics of a spouse, in-laws, and others. Additionally, financial and property stipulations that are simply too unfair or one-sided may be grounds for invalidating the agreement.

Help for Your Prenuptial Agreement

If you are facing a divorce and believe you have grounds to challenge the validity of your prenuptial agreement, you need the help of qualified lawyer. We can also help those who are looking draft a fair, reasonable agreement that will stand up to legal challenges. Contact an experienced Illinois family law attorney today at A. Traub & Associates. We will review your situation and work with you to protect your rights throughout every step of the process.