Some married couples decide that a postnuptial agreement is right for them. The law provides for postnuptial agreements under 750 ILCS 5/502. Forming an agreement after the couple is already married can be beneficial for certain couples. Postnuptial agreements operate as a form of protection for the spouses, not a precaution. But some marriages, despite the spouses’ best efforts, end in divorce.
Postnuptial agreements can only cover certain topics in order for the court to consider the agreement enforceable. In addition, a number of ways to find a postnuptial agreement invalid or non-binding exist. As a result, a bitter divorcing spouse may try to poke holes in a postnuptial agreement. Some ways to demonstrate that a postnuptial agreement is invalid or non-binding include the following:
Postnuptial agreements operate as useful pre-divorce planning tools, but reasons could exist causing the court to find the agreement null and void. When entering into a prenuptial or postnuptial agreement, you should consult with an experienced pre-divorce planning lawyer. Please contact the professionals at the Women’s Divorce & Family Law Group by calling (312) 585-6604 or click here to schedule a consultation.
There are many factors to consider when contemplating divorce, and a pre-divorce planning session can help you begin to plan for a divorce. Please contact the professionals at the Women’s Divorce & Family Law Group by calling (312) 585-6604 or clicking here to schedule a consultation.
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