A prenuptial agreement (prenup) can bring peace of mind by outlining how finances, property and debts will be handled should the marriage end. For many couples, it’s a practical step to set early expectations and avoid unnecessary conflict down the road.
However, just because you both signed a prenuptial agreement doesn’t guarantee it will be enforced. Courts may toss out the prenup for various reasons, as explained below.
What makes a prenup unenforceable?
For a prenup to be enforceable under Illinois law, it must be fair, transparent and entered into voluntarily by both parties. If either spouse was pressured or coerced into signing the prenup, it’s unlikely to hold up in court.
Full financial disclosure is also a key requirement. If one spouse failed to reveal important information about their income, assets or debts, the court may find that the agreement was based on incomplete or misleading information. In such instances, the judge may decide to set aside part or all of the prenup.
Lastly, a prenup must be fair to both parties. An agreement that heavily favors one spouse while leaving the other at a significant disadvantage may not be enforceable, especially for long marriages.
Don’t take costly chances
If you’re thinking about signing a prenup or drafting one, it helps to do everything right from the start. You do not want to be entangled in stressful legal battles over the validity of an agreement you thought would protect you. It can prove costly if the court rules against you.
Seeking legal guidance can help you avoid common mistakes that could jeopardize the agreement and review the terms to ensure they stand up to legal scrutiny. Knowing you have a clear, enforceable prenuptial agreement in place can give you peace of mind and help both you and your partner enter the marriage with mutual understanding and confidence.