How Can I Make Sure My Prenuptial Agreement Is Enforceable?

 Posted on November 03,2021 in Family Law

There are many reasons why a couple may choose to enter into a prenuptial agreement before they get married. These agreements, which are commonly known as “prenups,” will detail how certain issues will be handled if a couple chooses to get divorced in the future. A person who owns significant assets may use a prenup to ensure that they can maintain ownership of these assets in the case of divorce. A couple may also make decisions about whether either party will receive spousal support or how different types of marital property will be divided. While these agreements can be very beneficial, it is important to make sure that an agreement is legally valid and will be enforceable if a couple chooses to get a divorce in the future.

Issues That Affect Enforceability of Prenups

A prenuptial agreement must be created prior to a couple’s marriage, and it will become valid after the couple becomes legally married. To ensure that the terms of an agreement will be followed in the case of divorce, spouses will want to do the following:

• Consult with an attorney - Each spouse should be able to review an agreement with the help of an independent attorney. This will ensure that they fully understand the terms of the agreement and their rights if they decide to get divorced at a later date. If one spouse chooses not to consult with an attorney, they should provide a written and signed statement waiving their right to receive legal counsel.

• Provide financial disclosure - In some cases, disputes related to prenuptial agreements may arise because one party believes that the terms of the agreement are unconscionable, or grossly unfair. To avoid this possibility, spouses should provide each other with a complete disclosure of their assets, debts, and income. A spouse may also choose to waive their right to receive a financial disclosure, and this waiver must be written and signed.

• Offer enough time for consideration - Both parties should be given enough time to review a prenup, consult with legal counsel, and consider whether they want to agree to the terms. If one spouse presents the other with an agreement immediately before the couple’s wedding, the other spouse may claim that they were pressured into signing the agreement or that they felt that they did not have any other alternative. By taking the time to negotiate the terms of an agreement well in advance of their wedding, a couple can avoid disputes related to whether one party signed the agreement voluntarily. 

• Avoid legal violations - A prenup can address certain types of issues, and these are usually limited to the couple’s property and finances. Attempting to include terms that are in violation of the law may cause these terms to be set aside during the couple’s divorce, and in some cases, the agreement as a whole may be invalidated. To avoid these issues, couples should not attempt to use a prenup to make decisions about child custody or child support, since these are issues that will be addressed at the time of a couple’s divorce or separation, and decisions are based on children’s best interests rather than any previous agreements between the parties.

Contact a Glen Ellyn Prenup Lawyer

At NN Legal Group, we can help you understand your rights when creating a prenuptial agreement, and we will work with you to make sure you meet all legal requirements while negotiating favorable terms that will meet your needs. We can address your concerns about what may happen in a potential divorce, and we will ensure that your prenup will be enforceable if you ever choose to end your marriage. Contact a Carol Stream prenuptial agreement attorney at 630-474-0925 to arrange a complimentary consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59