There are many couples in Illinois who want to ensure that they are open and honest about their financial situation and their expectations if a divorce should occur before they say their vows. As such, many couples choose to create a prenuptial agreement. Unfortunately, even those with the best of intentions could ultimately find that the agreement they created the protect a business or personal finances, for example, could ultimately be determined to be invalid.
First, there are a variety of different factors related to signing the agreement that could impact its enforceability. For example, both parties must sign the agreement before the marriage takes place. If one spouse was pressured into signing an agreement or if one party does not have an opportunity to read the documents, it might not be valid. There must be sufficient time before the wedding to allow time for both parties to properly review it.
Certain aspects of the content of the agreement could ultimately result in a lack of enforceability. That is, the document must contain accurate information; if one party provides false or incomplete information, the agreement could be determined to be invalid. Additionally, there are certain issues that cannot be addressed in a prenup — such as child support. However, a judge could strike out those provisions and allow the rest of the agreement to stand.
Perhaps one of the most important issues related to the creation of a prenuptial agreement that both parties should have independent counsel to help in the creation and/or review of a document. In fact, an experienced family law attorney in Illinois can help in a variety of different ways when it comes to an agreement. In addition to helping in the creation, an attorney can also help take action to enforce a prenup or argue that it is unenforceable should the marriage end in divorce.