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kane county family law attorneyUnder Illinois law, a couple has the ability to enter into a prenuptial agreement that defines each spouse’s interests in marital and non-marital assets. A prenup can be especially helpful if the marriage later ends in divorce, as it can allow the spouses to smoothly divide their property and resolve questions of spousal maintenance on their own terms. However, there are cases in which a prenuptial agreement can be an additional source of conflict during the divorce process, particularly when a spouse tries to claim that an agreement is invalid and unenforceable.

Reasons to Invalidate a Prenup in Illinois

In most cases, prenuptial agreements are valid and legally enforceable, and they cannot be dismissed simply because a spouse is no longer satisfied with terms they had previously agreed to. However, you may be able to make the case that the court should not enforce your prenup if you have evidence of at least one of the following:

  • You were never legally married after signing the prenup. A prenuptial agreement only takes effect upon marriage, so if you decide not to go through with the marriage, or if the marriage is void for whatever reason, your partner cannot lay claim to any of your assets that the prenup may have granted them.

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