Complex Divorce: Prenuptial Agreement Issues

A complex divorce involving a high-asset couple can be particularly complicated as financial issues are discussed and negotiated. As many Illinois couples know, a complex divorce can be a long and frustrating process, especially when there is a dispute over a prenuptial or postnuptial agreement. For this reason, it is vitally important for an individual to secure the assistance of an experienced family law attorney when facing complex financial circumstances.

A prenup or postnup is one of the best ways to protect financial interests before or after the marriage has taken place.  These agreements can designate which spouse will keep the pet, who will get the family business or which spouse gets a particular asset in the event of a subsequent divorce. Nevertheless, it is possible that some portions of a prenuptial or postnuptial agreement can be invalidated in court.

In some cases, an Illinois resident may find that he or she wishes to contest part or all of such an agreement. If the agreement was signed under duress, is fraudulent or was signed without legal representation, a court may invalidate any part that is deemed objectionable or — in some cases — the entire document. This can also occur if the agreement was improperly filed or its terms are found to be egregiously unfair or against public policy. It can be complicated to contest what it is thought to be an “air-tight” prenuptial agreement, but it can be done.

When navigating a complex divorce, particularly when finances are disputed, it is useful to understand all legal options. A spouse may challenge a prenuptial agreement in court on proper grounds if it is thought it would be beneficial to his or her long-term financial stability. A thorough examination of all the underlying facts and circumstances can determine if this is a valid option. Please visit our site for additional information.

Source: Forbes, “How Key Portions Of Prenups And Postnups Can Be Invalidated“, Jeff Landers, Oct. 16, 2014