Can I Dispute a Prenup During Our Divorce? 

 Posted on August 08, 2022 in Family Law

Although Millennials and Gen Z are getting married at lower rates than previous generations, when they do get married, a significant percentage of them create and sign a prenuptial agreement. This is partly because they tend to get married at older ages and have more value in their personal belongings than previous generations. It is also in part because they have a heightened consciousness of the likelihood of divorce and its financial risks. 

Whatever the reason for creating a prenup, spouses may find that, faced with the prospect of divorce, their prenup no longer serves their interests or perhaps never did. An outcome that may not seem so bad in theory may suddenly sound terrible in practice. In cases like this, it is only natural to wonder whether the terms of a prenup can be disputed in court. 

What Can Invalidate a Prenup? 

The first thing that could invalidate a prenup is if both spouses simply agree not to abide by its terms. However, if one spouse is put at a disadvantage because of a prenup, it is unlikely that the other spouse will be willing to give up their advantage. Other options, then, are necessary. 

While prenuptial agreements are intended to be legally binding, certain things can make them illegitimate. These include situations in which: 

• One spouse was pressured or forced to sign the prenup

• The prenup was presented and signed right before the wedding, leaving at least one spouse insufficient time to consider the repercussions 

• At least one spouse was dishonest about their full asset picture 

• At least one spouse did not have an attorney 

• The prenup would be grossly unfair to one spouse

Fighting a prenup is not easy and may require several court hearings to present evidence and make an argument in your favor. The reasons for invalidating a prenup can be legally complex and require extensive documentation. Even so, many prenup challenges will be denied, making it crucial to have great legal representation to help negotiate a fair divorce decree. This is especially true if the other spouse already has a lawyer. 

Contact a Glen Ellyn Divorce Attorney 

Prenuptial agreements can be a great way for spouses to prevent conflict in a divorce, but they can also be oppressive and unfair. If you believe your prenup may be unenforceable, schedule a free case review with an experienced DuPage County divorce attorney at NN Legal Group. We will pursue every avenue to ensure you get a fair divorce decree and fight your prenup in court if necessary. Call us today at 630-474-0925. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000