Can I Fight a Prenup When I Get Divorced?

 Posted on February 27, 2025 in Prenuptial and Postnuptial Agreements

A prenuptial agreement, or prenup, is meant to provide clarity and protection for both spouses in the event of a divorce. However, circumstances change, and you may find yourself questioning whether the agreement you signed before marriage is still fair. If you are facing divorce and wondering whether you can challenge your prenup, there are legal avenues that may allow you to do so and our Illinois family lawyer can help.

When Can a Prenup Be Contested?

Prenuptial agreements are legally binding contracts, but they are not always airtight. Illinois law allows a prenup to be challenged under certain conditions, including:

Lack of Voluntary Consent

A prenup must be entered into voluntarily by both parties. If one spouse was pressured, threatened, or coerced into signing the agreement, it may be invalidated. Courts take allegations of duress seriously, particularly if one spouse signed the agreement shortly before the wedding under intense pressure.

Fraud or Misrepresentation

Both spouses are required to fully disclose their financial assets and liabilities before signing a prenup. If one spouse concealed assets, understated income, or otherwise misled the other about their financial situation, the agreement could be challenged on the grounds of fraud.

Unconscionability

A prenup must be fair and reasonable at the time it is enforced. If enforcing the agreement would leave one spouse in extreme financial hardship while the other keeps significant wealth, a court may determine that the agreement is unconscionable. Courts assess fairness based on both the circumstances at the time of signing and the present situation.

Improper Execution

Prenuptial agreements must be properly executed to be legally enforceable. Illinois law requires that prenups be in writing and signed by both parties. If the agreement lacks proper signatures or was not executed according to legal standards, it may be invalid.

Provisions That Violate the Law

Certain provisions in a prenup may be unenforceable, even if both parties agreed to them. For example, a prenup cannot determine child custody or child support, as these decisions must be made in the child’s best interest at the time of divorce. If a prenup contains illegal or unethical terms, a judge may strike down all or part of the agreement.

Contact a Wheaton, IL Divorce Attorney

If you are concerned about the fairness of your prenuptial agreement, it is essential to seek legal guidance as soon as possible. At Andrew Cores Family Law Group, our DuPage County, IL family lawyers help clients understand their rights and explore their options when facing divorce. Call us today at 630-871-1002 to schedule a consultation.