What Could Make a Prenuptial Agreement Invalid and Unenforceable?

 Posted on May 27, 2021 in Prenuptial and Postnuptial Agreements

Even though you said your vows on your wedding day, "‘till death do us part" does not always come true. Sometimes, things do not work out the way that we planned and the person who you thought you were going to spend the rest of your life with turned out just to be temporary. In the event that you get a divorce, various decisions about finances and any children you may have will have to be made. If you and your spouse have a prenuptial agreement filed with the court, these decisions will be much easier to make. However, there is always a chance that your spouse will attempt to contest the agreement and they may actually have a case if there is something that makes the agreement invalid.

Elements that Invalidate a Prenuptial Agreement

A prenuptial agreement can be a useful tool during a divorce, but it is only as strong as it is valid. If your prenuptial agreement is considered to be invalid by the courts, you will not be able to enforce the terms of the agreement. There are various reasons why the court may consider your agreement, or portions of the agreement, invalid. The most common reasons include:

• There was not full financial disclosure. One of the biggest no-no’s during a divorce is attempting to hide assets or information. This is also true when you create a prenuptial agreement. Before you sign the agreement, you are asserting that you have given your spouse full disclosure of all of your financial information. If you or your spouse do not do that or fail to disclose certain assets, your prenup could be invalidated.

• The agreement is found to be extremely one-sided. Prenups are not enforceable if they are found to be "unconscionable" or in extreme favor of one spouse over the other. For example, an agreement that forced one spouse to take all of the marital debt while the other takes no debt may be considered unconscionable.

• The agreement contained provisions about child support or custody. There are certain things that cannot be included in the prenuptial agreement, such as forcing a spouse to perform illegal acts. The same goes for any child-related issues. You cannot include any stipulations about child support or child custody in a prenup, or those provisions will likely be invalidated.

• You were coerced into signing the agreement. When a prenup is signed, it must be signed of both spouse’s free will and they both must be in a state that allows them to understand the terms of the agreement. If you are able to prove that you were coerced into signing the agreement or you lacked the capacity to understand it, you may be able to have the prenup invalidated.

Contact a Wheaton, IL Prenuptial Agreement Lawyer Today

If you are going through a divorce and you have a prenuptial agreement involved, you should discuss your options with a skilled DuPage County prenuptial agreement attorney. An attorney with experience dealing with invalid prenuptial agreements will be able to tell you if your prenup is enforceable in court and what to do if it is not. To schedule a free consultation with one of our team members, call our office today at 630-871-1002.

Sources:

https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/?sh=1930667f19a5

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59