If I Was Forced to Sign a Prenuptial Agreement, Is It Valid?

 Posted on December 11, 2023 in Prenuptial Agreements

Many people have heard the term "prenuptial agreement" before, but not many know exactly what this agreement entails. The truth is, some legal knowledge is necessary for a prenuptial agreement to be understood. If you do not have a good understanding of the law, you might end up signing something that is not in your best interest. Maybe you were given a document to sign right before your wedding, and you did not think it would ever be relevant, so you signed it just to move ahead with your plans. Maybe your spouse's parents said they would not allow you to get married unless you signed it. Whatever the case, if you were forced to sign a prenuptial agreement that did not suit you, and now you are considering divorce and feel concerned about what might happen, an experienced Kane County, IL divorce lawyer can answer any question you may have and challenge the agreement in court.

Do Illinois Courts Decide Whether Someone Signed A Prenup Against Their Will?

It can be very difficult to prove the involuntariness of something that happened in the past because it is often a matter of taking one person's word over the other's. But sometimes, the circumstances that took place when the prenuptial agreement was signed can indicate to the court that at least one of the spouses signed the document against their will. Some examples of reasons why a prenuptial agreement could be canceled include:

• The timing of when the agreement was signed: If you claim that your spouse brought you the prenuptial agreement to sign right before your wedding and you felt pressured to sign it so that your wedding could happen as planned, the date the agreement was signed will help prove your case. If it was a month before the wedding date, this claim would not likely be accepted. If it was signed the day before, it certainly could be.
• The presence of legal counsel: If your spouse's family had their attorney draw up the prenuptial agreement and you did not have your own lawyer at the time to review it and make sure your interests were being equally represented, this could be grounds for canceling it.
• The involvement of chemical substances: If you were under the influence of drugs or alcohol when you signed your prenuptial agreement, you may not have understood what you were agreeing to. In this case, testimony from people who were there at the time could be helpful in proving your claims.

Schedule a Free Consultation with a St. Charles, IL, Prenuptial Agreement Lawyer

Of course, the list that appears above does not cover everything that would be considered reasonable grounds for the court to put your prenuptial agreement into question. It can be awful to think you have signed an agreement against your will that could be legally binding but does not protect you or your best interests. If you think you were forced to sign a prenuptial agreement against your will, an experienced Kane County, IL divorce attorney with the knowledge necessary to understand the intricacies of a prenuptial agreement can help you figure out if the agreement was fair. Fortunately, the court recognizes that not all signed prenuptial agreements should be valid and has mechanisms in place to cancel them. Please call Goostree Law Group at 630-584-4800 to schedule a free consultation so we can review your case and figure out how best to advocate for your rights and interests.