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The Illinois Marriage and Dissolution of Marriage Act provides very few avenues for invalidating a prenuptial agreement. Pursuant to the statute, a prenuptial agreement can only be invalidated if a court deems that a party entered into the agreement involuntarily or that the prenuptial agreement is unconscionable.

While it is possible to draft a prenuptial agreement on your own, be aware that it may be unenforceable if it is determined by a court that certain requirements aren't met. Evidence of technical errors, coercion, and disproportionate terms could invalidate a prenuptial agreement.

If either party intentionally lies about their assets and debts, the resulting document will be voided. If you can show that your spouse failed to disclose some assets, then you can have a strong ground for challenging and invalidating the prenup.

Do all contracts have to be in writing? Understanding contract law. A contract can either be written or verbal, and while both can be legally binding, some contracts are required to be written in a designated format to be enforceable. Contract law is complex and differs between jurisdictions.

Antenuptial/Pre-nuptial Agreement: The contract will state what each party's rights and responsibilities are in the event of a divorce to assets and liabilities. Commonly, the Statute of Frauds requires the agreement to be in writing and signed to be enforceable.

Consider factors such as the duration of the marriage, each partner's income potential, and any career sacrifices made during the marriage. If you expect to work primarily in the home, this could include financial support for professional development or schooling in the event of a divorce.

Listing all assets is especially important because declaring the assets within the agreement helps you protect them. If you don't list an asset in your premarital agreement when protecting it from potential future property division, it may become part of the assets that are split if the marriage ends in divorce.

7 Things to Include in Your Prenuptial Agreement Premarital Assets. Premarital Debts. Spousal Support and Waiving the Right to Alimony. Financial Responsibilities. Provisions for Children from Previous Relationships. Business Earnings. Retirement Accounts.

Note that prenuptial agreements must be written, signed after a mandatory seven-day waiting period, and notarized. California courts will not enforce a verbal prenup. In addition, the parties must disclose each and every asset and debt.