What Items Cannot Be Included in an Illinois Prenuptial Agreement?

 Posted on April 15, 2020 in Divorce

Prenuptial agreements have historically been considered taboo. After all, who plans their divorce before they are even married? In recent years, prenups have become increasingly popular and are no longer just for celebrities. Couples from all walks of life have begun to recognize how a prenuptial agreement could be beneficial to their marriage and peace of mind. In the event that you do get divorced, a prenuptial agreement acts as the framework for the divorce agreement, making the entire legal side of the divorce process easier.

A Prenup Cannot Include the Following

If you end up getting divorced, your prenuptial agreement will save you some time, as long as your agreement is valid. However, there are certain things that you cannot include in a prenuptial agreement for it to be considered legally valid. If your prenup is found to include some of these details, the court can decide to throw out the invalid parts, or the entire agreement may be considered invalid. Here are a few things that cannot be included in Illinois prenuptial agreements:

• Anything concerning parental rights or child support: One topic that is always off-limits with prenuptial agreements is your children. You cannot address the allocation of parental responsibilities or child support in a prenup, because you cannot predict what will be best for your child in the future. If you do get divorced, and you have children, the court will determine child support and allocate parental rights based on what is in the child's best interests at the present time.

• Extremely one-sided financial agreements: A divorce court would likely not uphold any prenuptial agreement that is extremely lopsided or unfair to one spouse. Illinois is an equitable division state, which means the division of marital property will not necessarily need to be exactly equal, but a court will still want the agreement to be fair for both parties.

• Anything promoting divorce: You are also not permitted to include anything in the agreement that promotes divorce or financially incentivizes divorce. This can include agreements such as, “If they do ______, I can file for divorce.” Another example that will invalidate your prenup is a clause stating that a spouse will suffer a financial loss if they file for divorce.

A Wheaton, IL Prenuptial Agreement Lawyer Can Help You Draft Your Agreement

If you think a prenuptial agreement may be right for you and your spouse, you should speak with a skilled DuPage County prenuptial agreement attorney right away. At the Goostree Law Group, we have more than 80 years of combined legal experience. Our attorneys have the knowledge needed to create a prenuptial agreement that is mutually agreed upon by both parties and that will hold up in court. Call our skilled team of lawyers today at 630-364-4046 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59

https://www.forbes.com/sites/christinefletcher/2018/09/18/10-things-you-need-to-know-about-prenups/#2285313f62ba