Can A Prenuptial Agreement Be Overturned?
A prenuptial agreement is a legal agreement between two parties before they marry that details how assets will be divided if there is a divorce. Many people assume that a prenuptial agreement is always legally binding, but this is untrue. Keep reading to learn how a prenuptial agreement can be overturned. If you have questions about a prenup or divorce, talk to our Hinsdale prenuptial agreement attorney at Dan Walker Law Office.
What Does A Prenuptial Agreement Usually Include?
Prenups vary by case, but several things are often included in these agreements:
- The right of each party to sell, use, or manage real property.
- If one spouse should pay the alimony if the couple divorces, including the amount and period spousal maintenance will be paid.
- How state law applies to the prenup if there is a dispute.
- How property will be divided during divorce.
Note that a prenuptial agreement can be altered at any time during the marriage if both parties agree. However, the changes must be in writing, and both parties must sign. Prenuptial agreement terms can also be revoked, and the reasons must be detailed in writing and signed by both parties.
How A Prenuptial Agreement Is Enforced
In Illinois, the Uniform Premarital Agreement Act (UPAA) lays out how family courts should enforce prenups. For example, when you make a prenuptial agreement with your spouse, both parties are the only ones required to be witnesses.
When you sign your prenuptial agreement, including a list of assets and debts that each party had before the marriage is helpful. Illinois law does not require this, but it will help the family court decide how to divide marital property.
Why A Prenuptial Agreement Might Be Overturned Or Unenforceable?
A prenuptial agreement is intended to simplify divorce, but the process could get even more difficult if you think a prenup should be overturned. This is when you should hire a prenuptial agreement attorney to represent your interests.
Illinois prenups are binding, but they can be questioned in some situations. Your lawyer can review your agreement and inform you if the agreement might be overturned. If you challenge the prenuptial agreement, you have to attend a court hearing to do so. If the family court agrees, some or all of the agreement could be overturned. The most frequent reasons prenuptial agreements are overturned are:
- Your spouse failed to disclose all of their assets when you signed.
- The other party is coerced or forced to sign the document.
- You agreed to the prenup before the wedding and needed more time to understand its terms.
- The agreement is unfairly one-sided.
- One or both of you needed proper legal counsel when the agreement was signed.
Talk To Our Hinsdale Prenuptial Agreement Attorney Today
If you have a prenup and wonder if it can be overturned, you are likely concerned and uncertain about the future. There is no doubt that enforcing the terms of a prenuptial agreement can be complex. Therefore, it is vital to have a crystal clear understanding of Illinois law when working out the terms you agreed to with your partner. For legal assistance with prenuptial agreements, contact our Hinsdale prenuptial agreement attorney at Dan Walker Law Office at (630) 920-8800.