wheaton divorce lawyerEven 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.

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invalid, DuPage County family law attorneyPrenuptial agreements, or “prenups” for short, are tremendously valuable legal tools that help couples planning to marry protect their assets and plan for their future. Although they have gotten a bad reputation due to outrageous celebrity marriages, prenuptial agreements can be useful to anyone getting married. Unfortunately, some people think that they have signed a legally-binding prenuptial agreement only to find out it is unenforceable during a divorce. There are several ways a prenup can be considered invalid.

A Prenup Must Meet Certain Requirements to Be Legally-Enforceable

Sometimes in movies or television, a character will scribble a contract such a prenuptial agreement on something like a napkin and it is assumed to be legally binding. Although it can be a good plot point for a fictional story, in reality, the courts only recognize prenuptial agreements which are properly constructed and executed. A prenup must be written, signed, and agreed upon by both parties.

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prenuptial agreement, DuPage County family law attorneysThe period around the winter holidays is a time when many hopeful romantics get engaged. Whether it is on Christmas, New Year’s Day, Valentine’s Day, or any other time of the year, getting engaged to be married is a time of hope and excitement. If you have decided that you want to sign a prenuptial agreement with your future spouse before tying the knot, you may be unsure of how to bring up the conversation. Unfortunately, prenuptial agreements have gotten a bad reputation in the past. Stories about outrageous celebrity marriages which seem doomed to fail are often where many first hear the term. However, prenuptial agreements are a tool which can be valuable to anyone. You do not need to be rich or a celebrity to benefit from a prenup.

Benefits of a Prenup

A prenuptial agreement is a legally binding document which establishes the property and financial rights of each spouse in the event of a divorce. For example, a prenup can protect your family-owned business, ensure inheritance rights for children of a previous marriage, prevent one spouse from acquiring the debt of another, protect each spouse’s financial interests, and more.

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