Is My Marital Prenuptial Agreement Enforceable?

In our previous articles, “What is a prenuptial Agreement?”, “Do I Need a Prenuptial Agreement?” and “What format does a prenuptial have to follow?”, we advised that a prenuptial agreement, commonly referred to as a “prenup,” is a legal contract entered into by a couple before their marriage or civil union. It outlines the financial and property rights of each spouse and establishes how assets, debts, and other financial matters will be handled in the event of a divorce, legal separation, or death.

The enforceability of a prenuptial agreement depends on several factors and varies from jurisdiction to jurisdiction. Generally, to assess the enforceability of a prenuptial agreement, you should consider the following:

1. Voluntary Consent: Both parties should have entered into the agreement voluntarily, without any coercion, duress, or fraud.

2. Full and Fair Disclosure: Both parties must provide a complete and accurate disclosure of their assets, debts, and financial information.

3. Independent Legal Representation: Each party should have had the opportunity to consult with their own separate attorney before signing the agreement. If one party waives the right to legal representation, it may impact enforceability.

4. No Unconscionability: The terms of the agreement should not be extremely unfair or heavily one-sided to the point of being unconscionable.

5. No Invalid Provisions: The agreement should not violate any laws or public policy.

6. Execution Formalities: Ensure that the agreement was executed properly, meeting all legal requirements in your jurisdiction.

7. Timing: Some jurisdictions like Illinois, may have specific rules regarding the timing of when the agreement was signed concerning the wedding date.

It’s crucial to consult with a family law attorney who is familiar with the laws of your specific jurisdiction to evaluate the enforceability of your prenuptial agreement based on your unique circumstances. An attorney can review the agreement, consider the relevant laws, and provide you with advice tailored to your situation. Remember that laws and regulations can change, and only a qualified attorney can provide accurate and up-to-date legal advice. If you have any questions about prenuptial agreements in Illinois, or any other divorce and/or family law matter, contact our attorneys at the Law Offices of Azita M. Mojarad, P.C. by calling (312) 641-0771, or emailing azita@azitalaw.com. Our experienced attorneys can address your concerns and advise you of the proper course of action.