Do you have a valid prenup?

 Posted on June 14, 2023 in Prenuptial Agreement

When you meet the person you truly love and decide to settle down with forever, you basically look forward to spending the rest of your lives together. Unfortunately, some marriages aren’t meant to last. This explains why couples sign prenuptial agreements before tying the knot.

Should the marriage end in divorce, the prenup would separate marital property from personal property. To achieve its intended purpose, however, your prenup must be valid. So, what can invalidate a seemingly authentic prenup?

Here are common reasons why your prenup may not survive a legal challenge:

When there was a fraud

The court will invalidate a prenup if it is established that it is fraudulent. If your fiancée hid their assets or debts at the time of signing the prenup, and you learn about this down the road, you may petition the court to invalidate the document on grounds that it is fraudulent.

When there was duress

For a prenup to hold, both parties must sign it freely. If there is evidence that your fiancé coerced or tricked you into signing the prenup, then the entire document might be voided. For example, if you were handed the prenup an hour before you walked down the aisle, it may have felt like you didn’t have a choice because the embarrassment of canceling the wedding would have been overwhelming.

Protecting your rights

A prenup can play an instrumental property division role in the event of a divorce. Learning more about Illinois prenup laws can help you protect your interests both before you sign this important document and after. Regardless of your position, it's always wisest to learn more about your legal options.