PLEASE NOTE: Johnson, Johnson & Nolan will remain open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us in person, via Telephone or Video Conference. Please call our office to discuss your options.

Five Generations Of Legal Excellence - One Client At A Time
Family Law
Estate Planning
Probate And Estate
Business Law

Is my premarital agreement enforceable?

On Behalf of | Mar 9, 2016 | Family Law |

Our Practice Areas

Under certain circumstances, premarital agreements are non-enforceable, according to the Illinois General Assembly. In Belleville, and across the state, premarital agreements take effect when you tie the knot. However, if it can be proven that your premarital agreement was not voluntarily executed, it may not be valid.

In addition to non-voluntary execution, there are many other factors that could cause your premarital agreement to be non-enforceable. For example, if it can be proven that your agreement was executed unconscionably or that financial obligations were not fairly disclosed to you or the other party, the agreement may not be enforceable. Also, if your or your spouse will experience significant financial hardships because your premarital agreement eliminated spousal support obligations, spousal support payments may be required. Furthermore, if your marriage is declared void, your premarital agreement can only be enforced to prevent an inequitable outcome.

Premarital agreements have to be put together in writing and signed by you and the other party. If you wish to revoke or amend your premarital agreement once you are married, you and your spouse will have to sign a written agreement. While premarital agreements can address many issues, such as the eradication of spousal support and the distribution of property, they cannot interfere with a child’s right to support or dictate the terms of child custody.

When it comes to determining whether or not your premarital agreement can be enforced, the court will ultimately have the final say. This post was written to provide helpful information concerning the enforcement of premarital agreements and is not to be taken as a substitute for legal counsel.



FindLaw Network