Can A Prenup Be Challenged During Divorce In Illinois?

At Gordon & Perlut, LLC, we are often asked whether a prenuptial agreement can be contested during a divorce in Illinois. Many people believe a signed prenup is unbreakable, but under Illinois law, that is not always true. A prenuptial agreement, also known as a premarital agreement, can be challenged if certain legal standards are not met. Understanding when and how a prenup can be challenged can make a significant difference in the outcome of your divorce case.

Grounds To Challenge A Prenuptial Agreement In Illinois

Prenuptial agreements in Illinois are governed by the Illinois Uniform Premarital Agreement Act (750 ILCS 10/1 et seq.). A prenup is generally enforceable if it was signed voluntarily, both parties disclosed all assets and debts, and the terms are not unconscionable. However, the law allows challenges under specific circumstances:

• Lack of Voluntary Consent – If one spouse can prove they were pressured or coerced into signing the agreement, a court may invalidate it.
• Incomplete or Fraudulent Disclosure – Both parties must provide full and honest financial disclosure before signing. If one party concealed assets or liabilities, the agreement may be thrown out.
• Unconscionable Terms – If the terms are extremely unfair or leave one party destitute while the other keeps significant wealth, a judge may refuse to enforce certain provisions.
• Improper Execution – Illinois law requires prenups to be in writing and signed by both parties. If the agreement was not properly executed, it may not stand up in court.

Courts will review the circumstances surrounding the signing of the prenup, as well as its contents, to determine enforceability. A prenuptial agreement cannot waive obligations regarding child support under 750 ILCS 5/502, as the court must always protect the best interests of the child.

How Courts Evaluate Challenges

When a prenup is contested, the court will examine evidence such as:

• Whether each party had independent legal counsel.
• Whether there was sufficient time to review the agreement before signing.
• Whether all financial information was disclosed accurately.
• Whether the agreement was signed under threats, fraud, or undue influence.

The burden of proof rests on the party challenging the prenup. If successful, the court can set aside the entire agreement or only specific provisions that are unenforceable under Illinois law.

Frequently Asked Questions About Challenging A Prenup In Illinois

Can I Challenge A Prenup If I Did Not Have A Lawyer When I Signed It?

Yes, while having independent counsel is not strictly required under Illinois law, the absence of legal advice can support claims of unfairness or lack of understanding, which may make it easier to challenge the prenup.

What If My Spouse Pressured Me Into Signing The Prenup Right Before The Wedding?

Timing can matter. If you were presented with the agreement shortly before the wedding and felt coerced, you may argue that you lacked voluntary consent. Courts consider whether you had adequate time to review and negotiate the terms.

Can A Prenup Be Invalidated For Hiding Assets?

Yes, failure to disclose significant assets or debts before signing the prenup is grounds for challenging it. Full disclosure is a key requirement under 750 ILCS 10/1 et seq.

Can I Challenge A Prenup Based On Unfair Terms Alone?

Possibly. While courts uphold freedom of contract, they can refuse to enforce provisions that are grossly unfair or leave one spouse without reasonable support, particularly if other issues like lack of disclosure exist.

Does A Prenup Affect Child Custody Or Child Support In Illinois?

No. Under 750 ILCS 5/502, child custody and support cannot be predetermined in a prenuptial agreement. Courts always decide these issues based on the child’s best interests at the time of divorce.

How Do I Start Challenging A Prenup In My Divorce Case?

You must raise the issue during your divorce proceedings and present evidence supporting your claims. An experienced attorney can analyze the prenup, gather documentation, and build a strong argument for why the court should set it aside.

Call Gordon & Perlut, LLC For A Free Consultation

At Gordon & Perlut, LLC, we fight to protect our clients’ rights in all aspects of Illinois divorce law, including challenging unfair or invalid prenuptial agreements. If you believe your prenup should not be enforced, we are ready to review your case and take aggressive action on your behalf.

Contact our Chicago divorce lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We represent clients throughout Illinois and are committed to achieving fair results in your divorce.