Prenuptial Agreement: Is it valid?

bride and groom

If you are facing a divorce, contact a Chicago divorce attorney to discuss your premarital agreement today!

There was a time when prenuptial agreements were considered pretty tacky, a breach of trust before the marriage even got off the runway. Today they are very common among couples with high financial holdings or investments. Most often, the prenuptial agreement is drawn up to keep the the spouse with the most assets from having to cede an unfair amount of wealth should the marriage collapse.

Until just recently, prenups were considered pretty watertight. However, lately courts have been addressing defensible reasons for revoking a prenuptial agreement. Here are a few considerations that can be deemed legitimate.
Fraud
People presenting prenuptial agreements for a spouse to sign will have their own best interests in mind. Sometimes that extends to underhandedly failing to disclose all of the assets or undervaluing the wealth holdings. If deceit can be proved at the time a person unknowingly signs the document, grounds may be had to throw the agreement out of court.
Coercion
It is difficult to imagine the scenario of a person being forced to sign a prenuptial agreement. It does happen occasionally, though. Blackmail, illness or inebriation when signing the document are all grounds to invalidate it, if these conditions can be proved.
Ridiculous provisions
Provisions controlling personal actions such as no visits by in-laws, never getting fat, or not giving birth will certainly raise eyebrows, not to mention the big one of declaring no child support will ever be paid in the event of a divorce. Unrealistic provisions such as these are sure to award a free-throw into the round file, thus scoring a point in favor of the complainant.
Illegality
Both parties signing a prenup should have independent legal counsel. The agreement you signed with your wife alongside her wealthy family stating that you ‘renounce all rights to her riches forever’ will possibly collapse when you disclose that no legal counsel was present.Proper counsel
If you are facing divorce and any of these irregularities were present when you signed a prenuptial agreement, it is necessary to consult with a Chicago divorce attorney. Prenuptial agreements, signed in a peaceful moment, can come back to haunt you when a divorce is initiated. Contact a Chicago divorce lawyer at the Law Offices of Michael P. Doman for proper counsel on the prenuptial agreement you signed.