The best time to plan a divorce is when you’re about to be happily wed – because that’s when both halves of a couple generally want the best for each other. Any prenuptial agreement they make to outline how various issues will be handled in the event of a divorce is most likely going to be fair and reasonable.
But, what if it isn’t? When a marriage deteriorates, it’s not unusual for one or both parties to start to question the validity of their half-remembered prenup. If you find yourself in this position, it’s important to understand how prenuptial agreements are viewed by the court.
The Illinois Uniform Premarital Agreement Act sets the standard
The Illinois Uniform Premarital Agreement Act (UPAA) controls what makes a prenup valid – and what can invalidate one. In general, this is the law that the courts will use when they look to see if any premarital or postnuptial agreement is enforceable.
Broadly speaking, a prenup may be invalid when:
- It is not in writing, since a verbal agreement does not constitute a valid prenup
- One party signed the agreement under some kind of duress, such as when they are handed the agreement the night before the wedding or otherwise coerced
- There was no “fair and reasonable disclosure” of the assets and debts belonging to one or both parties and there is no waiver of the right to disclosure
- The agreement waives or modifies the spousal support one party might receive and that would cause them a significant hardship that was unanticipated at the time of the agreement
- The agreement is somehow unconscionable in the eyes of the court due to its provisions
Prenuptial agreements were once the exclusive purview of the ultra-wealth – but the prevalence of entrepreneurship and second (or third) marriages in the United States have made them much more common among ordinary couples. If you have a question about a prenup’s enforceability, don’t guess: It’s wiser to seek legal guidance that’s specific to your situation.