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Mistakes in Your Prenuptial Agreement May Invalidate the Contract

Posted on in Family Law

Western Springs family law attorney prenuptial agreement

Public opinion about prenuptial agreements has been shifting in the last several decades. Prenuptial agreements are becoming increasingly popular among younger generations. While there is still a significant amount of misinformation circulating about prenuptial agreements, more and more people are realizing the benefits of creating a “prenup.” If you are thinking about signing a prenuptial agreement before getting married, it is essential that you understand the standards these documents must meet. Mistakes made during the creation or signing of a prenuptial agreement may invalidate part or all of the contract.

Inaccurate or Incomplete Financial Disclosure

A prenuptial agreement can address many important issues that will arise if the couple divorces or if a spouse passes away. Property and debt division, spousal maintenance or alimony, and other financial issues may be decided upon in advance through a prenuptial agreement. In order for an engaged couple to reach an agreement about the terms of the prenuptial agreement, both spouses must provide a full inventory of their assets, debts, and income. If a spouse forgets to include important financial information or lies about finances, the agreements made in the prenup will be based on inaccurate information. This means that the document may be invalid and will not be accepted by the court.

Problems with Consent

A prenuptial agreement is a legally binding contract. Like all contracts, it must be entered into willingly. If a spouse is coerced into the agreement or enters into the prenuptial agreement through fraud or force, the document may be thrown out entirely. It is essential that spouses understand and accept what they are agreeing to. If one or both spouses are under the influence of drugs or alcohol or otherwise impaired when they agree to the prenup, the document may be worthless. Spouses should have ample time to read over and ask questions about the prenup before signing it. This ensures that the contract is entered into consensually and will hold up in court.

Contact a Hinsdale Prenuptial Agreement Lawyer

Prenuptial agreements allow married couples to agree to certain terms in advance. These agreements can be a valuable legal tool; however, prenups must meet certain criteria to be legally enforceable. The best way to ensure that your prenuptial agreement contains the appropriate provisions and will stand up in court is to work with an experienced attorney. Contact a DuPage County family law attorney from Botti Marinaccio, LTD for questions and concerns about prenuptial agreements and other marital contracts. Call our office today at 630-575-8585 to set up a personalized consultation.




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Botti Marinaccio, LTD.


2015 Spring Road, Oak Brook, IL 60523

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