Prenuptial agreements are no longer only for the super-wealthy. Many couples today can benefit from signing a prenuptial agreement to help decide how property will be divided in case of divorce. However, if divorce happens and the prenuptial agreement no longer reflects your wishes, can you contest it? Find out more below, and speak to our Aurora prenuptial agreement lawyers at Keller Legal Services if you need more information.
A prenup is designed to make divorce easier and not more complicated. However, if you think your prenuptial agreement should be contested, it is possible with the help of an experienced prenuptial agreement lawyer in Aurora. The first step is to meet with your attorney and review the prenup’s language.
Prenuptial agreements in Illinois, when properly executed, are legally binding, but they can be contested in some circumstances. First, your lawyer will review your prenup and determine potential ways it might not be enforceable. Then, you and your lawyer must go to a hearing to challenge the prenuptial agreement. If the judge agrees with your critique of the prenuptial agreement, the document could be invalidated. Some of the most common reasons prenuptial agreements are invalidated include:
Both parties must have disclosed their assets when you and your spouse wrote the prenuptial agreement. However, during divorce, it is common for one or both parties to hide assets or undervalue them to keep them out of the divorce settlement. This also can happen when the prenuptial agreement was composed.
Can you prove that your ex did not entirely disclose their assets? Failure to disclose assets constitutes fraud and can invalidate the agreement. This is also true for the disclosure of debts. If you find out that your ex has more debts than what the prenup states, it also can be invalidated.
In many situations, you can give up your right to an inheritance when your spouse dies. In addition, you can often give up your right to spousal support in case of divorce. Many judges are uninterested in the contract details, and if a couple both agreed when the prenup was signed, it is likely to be honored during divorce proceedings.
However, sometimes, a judge will invalidate the agreement when it has absurd provisions, is too one-sided, or causes one party financial duress. For instance, the judge could invalidate a prenup if it requires the woman to stay a certain weight or details how often the couple must have sex. Or, the judge could set aside the prenup if one party gets all of the assets and the other nothing.
Filing a prenuptial agreement must be done according to the laws of Illinois. As with all legal documents, there is a process in which the document has to be written and filed for it to be legally binding. Can you show that the prenup was filed incorrectly? Or was it poorly written? If either is true, it could be thrown out during the divorce. This is why working with a licensed prenuptial agreement lawyer is vital to ensure the prenup is written and filed correctly.
Each party must have time to read and review the document before affixing their signature. A divorce court will often rule that a prenup signed without thought or under pressure can be set aside. Also, if one of the parties lacked the mental capacity to understand the document, this is grounds to invalidate it.
When the prenuptial agreement is signed, an attorney should represent both parties. Because each side has its own interests, both parties should have their prenup attorneys.
You should keep all of these aspects of a prenuptial agreement in mind when trying to get out of one you think is not right. Also, remember these points if you are considering signing a prenup. Finally, it is always critical to consult with a licensed attorney when drafting a prenuptial agreement to help you deal with the consequences if there is ever a divorce.
If you are thinking about a prenuptial agreement before marriage, there are essential tips to get the most out of the document. These are:
A prenuptial agreement generally should only be considered when you or your future partner have assets you want to safeguard if there is a divorce. The agreement also could be helpful if you or your partner has family assets or a business to protect. The prenup can also be used to limit future financial support or offer it to someone with a lower income.
Planning all aspects of a marriage can take a lot of work. First, if you have children from another marriage, they can be part of the prenup. Including your future children also is a possibility. But you cannot pre-determine what child support or custody matters with a prenup.
Many couples have the exact attorney when doing a prenup, but this is not recommended. Everyone should have an attorney representing their interest. It is easy for an imbalance in the document if the attorney has to represent both sides.
If you are beginning a business, the prenuptial agreement can safeguard it from lawsuits. Your prenup can protect your legal rights with language that keeps what you own classified as separate property. This means your spouse will have difficulty claiming it later.
A prenuptial agreement is still helpful to protect assets, even if you lack a business or children. You can put language in the prenup to detail how to keep your assets separate if you open a company later.
A good prenuptial agreement is signed by both parties before the marriage to protect their property and interests. However, times and plans change, and you may want to contest a prenuptial agreement during a divorce. If you have questions about a prenup, our Aurora prenuptial agreement lawyers at Keller Legal Services can provide answers and legal solutions. Please call us at (630) 505-1515.
