Dismissing an Unfair Prenuptial Agreement During Divorce

 Posted on October 10, 2024 in Divorce

A prenuptial agreement should not act as an insurmountable barrier to divorce. If the terms of your prenuptial or postnuptial agreement leave you with nothing, you might feel that you are trapped in your marriage because leaving would lead to financial ruin. However, courts can refuse to enforce marital contracts that are extremely unfair, or that one party was coerced into signing. If your prenuptial agreement is the main reason you have not filed for divorce even though you want to end your marriage, you should speak to an experienced Lisle, IL divorce lawyer about whether the court could set it aside.

When Will Courts Refuse to Enforce a Prenuptial Agreement?

Courts might refuse to enforce premarital contracts in cases of: 

• Coercion - If your spouse created a situation where you felt that you had to sign the agreement he or she wanted you to, you might have been coerced. For example, if your spouse hired his attorney to draft a prenuptial agreement without your input and then presented you with the agreement the morning of the wedding, threatening to call off the marriage unless you signed, this might be coercion. 
• Unconscionability - An unconscionable contract is a contract that is exceptionally unfair and one-sided. If following the terms of your prenuptial agreement would leave you in a desperate financial position, it is likely unconscionable. If your agreement says that you would keep nothing except what you already had before marriage and your spouse should keep 100 percent of the marital assets, it would probably be considered unconscionable. 
• Undisclosed assets - If your spouse owned valuable assets she did not tell you about when you signed your agreement, she might not be able to enforce the agreement. You might not have signed the agreement as it is if you had full knowledge of your spouse’s financial position. 
• Fraud - Your spouse insists that you have a prenuptial agreement and has shown you a contract with your signature on it, but you do not remember having discussed or signed it. The agreement leaves you with very little. If this is the case, your spouse may have forged your signature. If he has a history of gaslighting - trying to make you doubt your own memory and perceptions by lying about things you know happened or did not happen - this could be another instance of it. 

Contact a Lisle, IL Divorce Attorney

SpyratosDavis LLC is committed to creating smart strategies in family law cases. Our experienced DuPage County, IL divorce lawyers will do all we can to eliminate the prenuptial agreement standing in your way if there are legal grounds to set it aside. Contact us at 630-810-8881 for a confidential consultation.