5 Reasons an Illinois Prenuptial Agreement Can Be Nullified

 Posted on July 30, 2024 in Prenuptial and Postnuptial Agreements

Although prenuptial agreements were once considered only for the super-wealthy, today, more and more couples are having them drawn up—especially couples for whom this is not their first marriage. In fact, about half of all U.S. adults say they are open to signing a prenuptial agreement, although only 20 percent of married couples currently have one. Younger couples, in particular, are more likely to have a prenuptial agreement (47 percent).

Since financial issues can be a contentious issue during marriage—and one of the top reasons for divorce—it stands to reason that finances will also be a contentious issue during a divorce. Whether you are considering a prenuptial agreement, are divorcing and have a prenuptial agreement, or believe your prenuptial agreement should be nullified, you need an experienced Wheaton, IL prenuptial agreement lawyer who can help you sort out the details.

Can a Prenuptial Agreement Be Nullified?

Parties should only enter into a prenuptial agreement with full knowledge and understanding of what they are signing and how it can affect their future. Each party should have their own attorney to ensure their rights are fully protected and that the agreement is fair.

That said, scrutinizing prenuptial agreements often only occurs during the separation or divorce process. When a couple is newly in love and ready to begin their lives together, they may sign anything without a full understanding of how the agreement could affect their future.

The sad fact is that at least 43 percent of all U.S. marriages end in divorce. For those in second and third marriages, that number is even higher (67 percent for second marriages and 73 percent for third marriages). So, the message here is that a prenuptial agreement should be thoroughly scrutinized before it is signed, but depending on the circumstances, these agreements can be nullified.    

What Are the Reasons to Nullify a Prenuptial Agreement?

If you want your prenuptial agreement nullified, speak to an Illinois family law attorney as soon as possible. To begin the process, you may be asked the following questions: When did you sign the original prenuptial agreement? Did you fully understand your partner’s financial situation before you signed the agreement? Has your financial situation or that of your partner changed significantly since signing the agreement? Did you and your attorney at the time review the agreement before you signed it?

Finances can change significantly throughout a marriage. The way you expected your marriage and financial situation to go may not be the way it actually went. The Illinois Uniform Premarital Agreement Act goes into further detail regarding prenuptial agreements. A prenuptial agreement cannot be nullified simply because things did not turn out as you expected or wished, however. It can only be nullified when one or more of the following is true.

1. You were under duress when you signed the prenuptial agreement, or you were coerced, threatened, forced, or blackmailed. Even if your partner told you the wedding would be canceled if you refused to sign the prenuptial agreement, this could be taken as undue coercion.
2. You were not given a full picture of your partner’s financial situation, including assets owned or financial obligations. If you were unaware of the true nature of your spouse’s finances at the time you signed the agreement, nullification is possible.
3. Either the prenuptial agreement was essentially unfair when you signed it, or there was significant misrepresentation or fraud involved.
4.  If the prenuptial agreement heavily favored your partner, nullification could be allowed.
5. If your partner had assets that were downplayed or hidden at the time you signed the prenuptial agreement, it could be legally nullified.

While the courts will generally uphold a prenuptial agreement, if any of the above issues can be proven, the court may void the entire agreement or parts of it.

Contact a DuPage County, IL Prenuptial Agreement Lawyer

Since 1996, Andrew Cores Family Law Group has provided families in Illinois with representation from highly skilled attorneys who truly care about their clients. Our firm offers convenient ways to consult with you for all your family law needs, including prenuptial agreements. As we develop comprehensive case strategies, we keep the goals of each client in mind. We also make a point of maintaining communication with our clients throughout the process of their case. When you need a knowledgeable Wheaton, IL prenuptial agreement attorney, contact Andrew Cores Family Law Group at 630-871-1002.