Sometimes a marriage doesn’t always work out the way you hope it would and you have to file for divorce. If you signed a prenuptial agreement before you were married, that doesn’t necessarily mean you signed away your rights, but getting an answer can be complicated. This is mainly due to a specific article under the Illinois Uniform Premarital Agreement Act. The article does pertain to agreements done after 1990, which can allow for some elbow room in court.
One term that can invalidate a prenuptial agreement is if a judge decides that the terms of the agreement are very one-sided and unfair. This is still the decision of a judge and what you deem unfair, they may not see as unfair, so unfortunately even if the agreement terms are overly beneficial for one party, it may not be enough to get it invalidated. Also, if you willingly signed the agreement in full knowledge the terms were in favor of your spouse, you will have a hard time getting it invalidated under Illinois law.
Some other factors that can determine whether an agreement can be invalidated is if one spouse did not disclose their financial assets in full, the terms exonerated them from paying child support, or the agreement was signed involuntarily, which would be difficult to prove in court.
It can be extremely hard to challenge a prenuptial agreement in Illinois, which is why you should seek out the help of an experienced family law attorney before you do sign any agreement. Contact our law office today to request your consultation.