Understanding Prenuptial Agreements in Illinois

 Posted on June 16, 2012 in Family Law

A prenuptial agreement is way prospective spouses to put their obligations in writing before a marriage ceremony occurs.  The stipulations in the agreement takes place as soon as the marriage ceremony is concluded.

In Illinois, a prenuptial agreement must be in writing, and must be signed by both parties.  And it is enforceable without consideration, meaning that it becomes legally enforceable without one or both of the spouses promising something of value to make it viable.

A prenuptial agreement can be revoked or amended, but it must be done with the consent of both spouses.  And Illinois law states that and revocation or amendment must also be in writing.

There are some cases in which an agreement or amendment cannot by law be enforced.  They include:

• Situations where one party did not agree voluntarily.
• The agreement was unconscionable when it was executed, and before it was executed.
• The other party was not given a fair or reasonable disclosure of the property or financial obligations of the other party.
• The other party did not voluntarily waive in writing their right to know the property or financial obligations of the other spouse.
• The other party did not have or could have reasonably had, knowledge of the property or financial obligations of the other party.
• If part of the agreement prohibited one spouse from spousal support and a circumstances unknown of at the time exists that would cause undo hardship to a spouse, support may be ordered by the court.

It is the court's responsibility to decide if any premarital agreement is unconscionable or not.  If you have questions about your prenuptial agreement, it is important to consult a divorce attorney who can successfully argue your case before the court. A family lawyer will also be able to help you create or amend a prenuptial agreement.