Illinois Revocation of Postnuptial Property Agreement

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.This may also come with a will or other legal document.

The three most common grounds for nullifying a prenup are unconscionability, failure to disclose, or duress and coercion.Duress and coercion can also invalidate a prenup. If the prenup was signed the day before your wedding, it may appear that the parties didn't have much time to fully review the agreement.

Under Illinois law, what makes such an agreement unenforceable? An Illinois premarital or postnuptial agreement is usually enforceable if they are in writing and signed by both parties, but they can become unenforceable if any of the following things are true: Fraud led one of the parties to agree to the prenup.

Are Post-Nuptial Agreements Legally Binding? Post-Nuptial Agreements are usually legally binding and the position has been strengthened since 2008 following a Privy Council judgement.

Reasons a Judge Can Overturn a Prenuptial Agreement There are no specific rules that state what will overturn a prenup.Neither person should be in a state of duress or under any pressure to sign the prenup. Any indication of coercion or lack of willingness can give way for a divorce judge to overturn the agreement.

If a spouse is able to prove non-disclosure of all previous assets or property, then the prenuptial agreement can be considered void. Second, if a spouse is able to prove that he or she was compelled to sign the prenuptial agreement under stressful circumstances, then the prenup can be invalidated.

In general, you should expect that a postnuptial agreement will receive scrutiny from the court before it decides to enforce the agreement. As your family law attorney would advise you, these agreements are not usually signed under the best of circumstances in the marriage.