Like so many couples across the state of Illinois, you and your spouse may have established a prenuptial agreement prior to getting married. And while the marital contract may have been intended to safeguard the personal property of both you and your spouse, it may not necessarily reflect your current state of affairs in the divorce. That is why it is important to know when and how prenuptial agreements can be overturned in divorce proceedings.
According to the American Academy of Matrimonial Lawyers, the Illinois Uniform Premarital Agreement Act was enacted in order to establish the legal terms of prenuptial agreements in 2009. Recognizing that prenups are commonly created in order to preserve the personal property of both parties at the onset of the marriage, the UPAA identifies the circumstances under which the terms of a prenup can be challenged under the law.
If, for whatever reason, you feel that the terms of your prenuptial agreement are inappropriate at the time of your divorce, you may be able to have them legally identified as unenforceable. The UPAA identifies several key points that you can use to illustrate that your prenup should not be considered legally binding. For instance, you may be able to prove that you are entitled to spousal support in spite of the terms of your prenup if you can show that you would be caused undue hardship by the execution of the contract. Beyond that, your premarital agreement may be considered unenforceable if it is determined that the contract was unconscionable and/or entered into involuntarily at the time it was created.
It is important to keep in mind, however, that other factors can be taken into consideration when determining the validity of any prenuptial agreement. As a result, the information provided above is only intended to be educational.