5 Tips for Drafting a Valid Prenup

 Posted on November 11, 2024 in Prenuptial Agreement

While many people are familiar with the idea of a prenuptial agreement, there is some confusion about what it needs to include and what makes it valid. If you and your future spouse have decided to create a prenuptial agreement to give you peace of mind in the case of a hypothetical divorce, it is important to discuss this decision with a lawyer. Our experienced Wheaton, IL family law attorney can guide you through the process of drafting a prenuptial agreement.

Tip 1: Full Disclosure of Liabilities and Assets

One of the most important aspects of a valid prenup is full disclosure of all assets, debts, and financial interests. Both spouses need to fully disclose any property, income, bank accounts, retirement funds, debts, and any other financial interests before a prenup is signed. If it is later discovered that someone hid or misrepresented their financial situation, the prenup may be invalidated.

Tip 2: Make Sure It Is Voluntarily Signed

A prenup needs to be signed voluntarily by both spouses. It should not be signed under duress or pressure. Illinois law does not set a specific time frame for when a prenup should be signed, but it is advisable to do so at least a few weeks before the wedding to allow time for review and discussion. If it is signed too close to the wedding, one of the spouses can later claim that the timing made them feel pressured into signing it, which can invalidate the agreement.

Tip 3: Both Spouses Have Independent Legal Representation

Each spouse should have his or her own legal counsel to ensure they both understand the implications of the prenup. This can help avoid claims of coercion and serves as an important safeguard if either spouse later challenges the agreement’s validity.

Tip 4: Make the Agreement Fair and Reasonable

The terms of the prenup need to be fair and reasonable at the time it is signed. It cannot be overly favorable to one spouse. It can address many issues, including property division and spousal support, but courts can reject a prenup that treats one spouse unfairly.

Tip 5: Avoid Unenforceable Provisions

Certain provisions in a prenup are not enforceable in Illinois. For example, anything related to waiving or limiting child support, or that dictates how children will be raised, is considered invalid. Illinois courts handling divorce and the division of parental responsibilities prioritize the child’s best interests, so provisions attempting to limit or waive child support obligations will not be upheld. A knowledgeable lawyer can explain what types of provisions are unacceptable.

Schedule a Free Consultation with a DuPage County, IL Prenuptial Agreement Lawyer

If you and your fiance have decided to create a prenup before your wedding, consult a qualified Wheaton, IL family law attorney for guidance to ensure it is valid. Many types of provisions can invalidate an agreement, and at Fawell & Fawell, we are dedicated to ensuring that your agreement is enforceable. Call us at 630-871-2400 to schedule a free consultation.