What Makes a Prenup Enforceable?

 Posted on June 07, 2024 in Divorce

Many couples decide to draw up a prenuptial agreement before their wedding. It has nothing to do with whether they think they will get a divorce. Having a plan in place “just in case” it becomes relevant in the future can provide them with a great degree of peace of mind. However, a common mistake people make is not hiring a lawyer to help them draft it. Without the proper legal expertise to understand what needs to be included, you might end up drafting a document that cannot be enforced and has no legal value. Rather than benefitting from the fact that you planned ahead, you might find yourself caught by surprise without any legally valid plan at all. If you and your fiance are considering signing a prenup, speak with a qualified Chicago, IL family law attorney who can help you avoid mistakes and draft an enforceable document.

3 Characteristics of an Enforceable Prenup

All prenups are different since their content is specific to the couple signing it. However, there are some characteristics that need to be present for it to be considered valid and enforceable. These include:

• Fairness: The terms of a prenup need to be reasonable and fair for both spouses. Fairness might be called into question if the agreement seems to be more favorable to one spouse. The court might find certain conditions unconscionable, in which case it can invalidate those conditions or deem the entire prenup unenforceable.
• Honesty: Both you and your spouse need to be honest and offer full disclosure of all your respective liabilities and assets. If one spouse decides to waive their right to such disclosure from the other, that is a choice they are free to make but it must be included in writing. Otherwise, if either spouse has not disclosed all the financial information relevant to the prenup, it might not be enforceable.
• Freedom of choice: Neither spouse can be coerced into signing a prenup. No one can be manipulated or pressured into signing. If it was presented right before the wedding with the understanding that the couple would not get married unless it is signed, if one spouse’s wealthy family used their personal lawyer to manipulate the other spouse to sign, or if pressure was somehow used in any way, the prenup is not valid and can not be enforced.

Schedule a Free Consultation with a Cook County, IL Prenuptial Agreement Lawyer

If you and your spouse want to sign a prenup so you can enjoy the peace of mind it affords you, speak with a Chicago, IL family law attorney to make sure your efforts are not in vain and the agreement is enforceable. At The Law Office of George J. Skuros, we are passionate about sharing our legal knowledge with our clients so they can understand how documents and agreements truly affect them. Call us at 312-884-1222 to schedule a free consultation.