Getting married is more than an emotional endeavor. For many couples, it involves creating a prenuptial agreement, a legal document outlining financial arrangements in the event of divorce.
While these agreements seek to be fair, there are circumstances where one might seek to challenge or overrule them.
Lack of full disclosure
One reason to challenge a prenuptial agreement is if one party did not provide complete and honest information. If key details about assets, debts or income were withheld, the fairness of the agreement is subject to doubt.
Coercion or duress
If one party felt pressured or coerced into signing the prenup, it may be grounds for challenging its validity. Illinois law emphasizes the importance of both parties freely agreeing to the terms.
Unconscionability
An unconscionable agreement is one that is extremely unfair or one-sided. If the terms of the prenuptial agreement are overwhelmingly skewed in favor of one party, it is potentially unconscionable, providing a valid reason for challenging it.
Changes in circumstances
Life is dynamic, and circumstances can change significantly over time. If the prenup no longer aligns with the current situation of both parties, it may be reasonable to challenge and request adjustments based on the changed circumstances.
Lack of representation
The state recognizes the importance of both parties having the opportunity to seek legal advice before signing a prenuptial agreement. If one party was not given a fair chance to consult with a representative, it may be a valid reason to challenge the agreement.
Procedural issues
Following certain procedural aspects is necessary when creating a prenup. Failure to adhere to these procedures, such as not allowing sufficient time for review or not providing a complete and accurate document, may serve as grounds for challenging the agreement.
While prenuptial agreements purport to bring clarity and fairness, they are not written in stone. Seek guidance if you feel you have grounds for challenging your prenup during your divorce proceedings.
