What if My Spouse and I Have an Illinois Prenuptial Agreement and Want a Divorce?

DuPage County Divorce Lawyers for Prenuptial Agreements

If you are planning to get a divorce, you and your spouse will need to resolve a number of legal, financial, and practical issues. If you have a prenuptial agreement, this may make the divorce process somewhat easier, since your agreement may have already made certain decisions about issues such as the division of marital property or spousal support. However, you will need to understand the role that your prenup will play in your divorce and how its terms may affect the decisions made in your divorce decree or judgment.

Before your and your spouse's prenuptial agreement can be enforced, it needs to be inspected for validity and enforceability. In some cases, some or all of the terms included in an agreement can be challenged in one form or another. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can assist you whether you are calling your prenuptial agreement into question, need to enforce the terms of your agreement, or want clarification when creating a prenup before getting married.

Addressing Prenup-Related Issues

Prenups can be challenged under what is called the Illinois Uniform Premarital Agreement Act. Prenuptial agreements may not be enforceable or valid in certain circumstances. Even if a prenuptial agreement is found to be valid, issues may arise related to whether certain types of marital assets were addressed by the agreement. A common issue that occurs is the failure to fully address assets that were acquired before or after the date of marriage. This is just one of many possible problems that couples may encounter as they determine how the terms of a prenuptial agreement will apply when dividing marital property during divorce.

When Will the Court Refuse to Enforce a Prenuptial Agreement?

A prenuptial agreement may be found to be invalid if both spouses did not voluntarily agree to its terms. A spouse may challenge an agreement on the basis that they were coerced into signing by their spouse, such as through last-minute threats that a person would not go through with the marriage unless the agreement was signed. An agreement may also be invalidated if it is unconscionable, meaning that it is very unfair and awards a disproportionate amount of marital assets to one spouse. However, the invalidation of a prenup based on unconscionability will generally only be allowed if one spouse did not fully disclose all of their income, assets, debts, and other financial information to the other spouse before the agreement was signed.

Contact a DuPage County Prenuptial Agreement Lawyer

Even if it seems like you and your spouse thought of everything during the legal planning process before your marriage, there are still circumstances where a prenuptial agreement may be challenged. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have been assisting clients during divorce and family law cases for decades. We understand the sensitivity and the knowledge required to provide the best representation. If you have questions regarding your prenuptial agreement, please contact us so we can set up an appointment. Whether you live in Kendall, Kane, or DuPage County, please give us a call at 630-665-7300 so we can help you right away.