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Contesting Prenuptial Agreements in Chicago

On Behalf of | May 18, 2023 | Family Law

prenuptial agreement, commonly known as a prenup, is a legal document created by couples prior to their marriage. Its primary purpose is to establish clear guidelines regarding the division of assets, spousal support, and various financial matters in the unfortunate event of a divorce. This document plays a crucial role in providing transparency, ensuring fairness, and protecting the interests of both parties involved.

However, there may be situations where contesting the validity of a prenuptial agreement becomes necessary. We understand that contesting a prenup can be an emotional and complex process. Our team of compassionate and experienced family law attorneys is here to guide you through this challenging journey and provide the support you need.

Legal Grounds for Contesting Prenuptial Agreements

Seeking guidance from a knowledgeable family law attorney is crucial to assess the viability of challenging the agreement. Some common legal grounds for contesting a prenup include:

  • Lack of Voluntary Consent – For a prenuptial agreement to hold weight, it must be entered into willingly by both parties, free from any form of coercion or duress. If it can be proven that one party signed the agreement under pressure or without a complete understanding of its terms, the court may deem it unenforceable.

  • Failure to Disclose Assets or Debts – Transparent and complete disclosure of assets, debts, and financial information is essential during the creation of a prenuptial agreement. If one party can provide evidence demonstrating the other party’s failure to disclose significant financial details or the deliberate concealment of assets, the agreement may be invalidated due to lack of transparency.

  • Unconscionability – An agreement can be deemed unconscionable if it heavily favors one party over the other or displays a significant imbalance. Courts scrutinize the terms of the prenup to ensure fairness and reasonableness. If the terms are found to be grossly unfair or if one party did not have adequate legal representation during the signing process, the court may reject the agreement.

  • Improper Execution – Prenuptial agreements must adhere to specific formalities to be considered valid. In Chicago, Illinois, these requirements include the agreement being in writing and signed by both parties Failure to meet these formalities may lead to the agreement being challenged due to improper execution.

Contact a Chicago Spousal Prenuptial Agreement Lawyer

The experienced attorneys at NextLevel Law, P.C. by Daniel R. Hernandez, Esq.. will provide you with the necessary legal assistance if you want to challenge a prenuptial agreement in Chicago. We offer fair set fees to our clients in Cook County, DuPage County, Will County, and Joliet from our office in Chicago. To arrange a private appointment with a knowledgeable Chicago Prenuptial Agreement Lawyer, call 312-442-2225 today.