Not all prenuptial agreements are enforceable exactly as they are written. Some prenuptial agreements might not be enforceable at all. If you are getting divorced soon and you signed a premarital or postmarital agreement, you might be wondering how this contract will affect your divorce. While most agreements a couple chooses to include in their prenuptial contract will be enforced, there are some agreements that are not legal. If a certain term in your contract violates Illinois law or public policy, that term might be disregarded. In other cases, the entire enforcement is invalid because one party was coerced or forced into signing. If you have questions about whether your prenuptial agreement will be used in your divorce, it is important to consult an attorney before filing.
Terms a Prenuptial Agreement Cannot Include
Some terms in a prenuptial agreement cannot be enforced even if both spouses agree to them. These terms include:
- Child custody - Child custody decisions must be made based on what is best for the child, determined at the time of the divorce. Parents cannot agree to a custody arrangement before they begin the divorce process.
- Child support - Parents cannot agree to waive the support their child is entitled to.
- Unconscionable terms - A term is unconscionable if it is drastically unfair to one person, such as leaving one spouse with no way to support themself.
Reasons a Prenuptial Agreement Might be Thrown Out
An entire prenuptial agreement could be thrown out and not used in the divorce in cases involving:
- Coercion - If one party was forced or coerced into signing the agreement, the agreement is not likely to be valid. The legal definition of coercion can be complicated, so it is important to talk with an attorney about whether this term applies to your situation.
- Fraud - If your spouse forged your signature or lied to you about what terms were included in the agreement, yours might be a case of fraud. Fraudulent agreements are generally invalid.
- Undisclosed financials - If your spouse failed to disclose their accurate financial information by hiding assets or debts until after you signed, this may be grounds to have the entire agreement invalidated.
There may be other situations where part of a prenuptial agreement or the entire agreement can be dismissed. Your attorney can help you understand how your prenuptial agreement could impact your divorce.
Contact a Wheaton, IL, Divorce Lawyer
Andrew Cores Family Law Group is committed to helping spouses who have an unfair or invalid prenuptial agreement in place. Our skilled DuPage County divorce attorneys will strive to keep an unfair or fraudulent prenuptial agreement from affecting your divorce. For a complimentary consultation, please contact us at 630-871-1002.