How Can I Make Sure My Prenuptial Agreement Will Be Enforceable?

 Posted on July 26,2022 in Illinois Family Law

A prenuptial agreement, or prenup, can be an important legal document that protects married spouses. As a contract between two parties who are planning to get married, a prenup will detail how different issues will be handled if the couple chooses to get a divorce in the future. Typically, a prenuptial agreement will be limited to addressing financial issues, such as property division or spousal maintenance. A prenup can provide both parties with the assurance that certain issues will be handled correctly if their marriage ever ends, and it can remove the possibility of conflict by resolving some disputes ahead of time. However, to avoid disputes related to the terms of an agreement, it is important to make sure a prenup will be valid and enforceable.

Addressing Concerns About Prenup Enforceability

A prenuptial agreement is a legal contract, and both parties will need to be sure they fully understand all of the terms of the agreement and have the mental capacity to make sound decisions about financial matters. Once a prenup has been signed, and a couple has been legally married, its terms will usually be enforced in the event of a divorce. However, there are a few rare situations where a prenup may be determined to be unenforceable.

In some cases, a prenup may be found to be invalid because one spouse did not sign the agreement voluntarily. In some cases, a spouse may have signed an agreement due to coercion or duress, which may include threats to end the relationship or pressure related to social or religious norms. This can sometimes be an issue in Islamic marriages, and the payment of a mahr or dowry will sometimes be accompanied by a request to sign a marriage contract that may function as a prenuptial agreement. In these cases, a spouse may feel that they have no other option but to agree to the other spouse’s terms, even if this would put them in an unfair financial position. Demonstrating that coercion occurred can sometimes be difficult, and a person who signed an unfair agreement may end up being bound to its terms.

The other common reason why a prenup may be invalidated is because it is found to be unconscionable. This means that the terms of an agreement were very lopsided, favoring one spouse and most likely putting the other in a difficult financial position should the couple choose to get divorced. However, a person may only seek to have a prenup invalidated on the grounds of unconscionability if they did not have sufficient information about the other spouse’s financial situation at the time the agreement was signed. If a person did not receive a complete disclosure of the other party’s income, assets, and debts, and if they did not sign a waiver of their right to receive this information, they may be able to argue that a prenup should not be enforceable.

Contact Our DuPage County Prenuptial Agreement Attorneys

To ensure that a prenuptial agreement will be fair, and to avoid potential future conflict about whether an agreement is enforceable, it is important to consult with an attorney. At Farooqi & Husain Law Office, we can advise you on how you can protect your rights and financial interests when creating a prenup. We can also address issues related to Islamic laws and traditions, ensuring that you meet your requirements under both Illinois law and Sharia law. Contact our Oakbrook Terrace prenup lawyers today at 630-909-9114 to learn more about our legal services.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59