Newly engaged Illinois couples may decide to take steps to prepare for the fact that their marriages may end at some point in the future. When creating a prenuptial agreement to handle property and some other financial issues, they need to be aware that they must follow certain rules or it is possible the agreement will not stand up in court. All the work they did to make the divorce process smoother should it happen could go up in smoke if certain mistakes are made.
For instance, Illinois has certain requirements regarding the execution of a prenuptial agreement. If those rules are not followed, the agreement may not stand up in court. Each party must provide the other with full disclosure regarding his or her financial situation at the time they execute the prenup, which includes avoiding providing false or incomplete information. Failing to do so could mean that all or part of it will be thrown out by the court.
The parties must have enough time to thoroughly review the agreement and consult with an attorney before signing it. Neither party should feel pressured to sign it. This means that bringing up the subject or expecting the other party to sign an already-drafted agreement too close to the wedding could invalidate it.
The hope is that such an agreement will never be needed, but some Illinois couples may find they will need it at some point in the future. The best way to make sure that a prenuptial agreement will stand up to the scrutiny of the court in a divorce is to avoid making any of the above mistakes, including making sure it is properly executed. Knowing exactly what that entails will most likely require the assistance of an attorney.
