Can I Challenge a Prenuptial Agreement in Illinois?

 Posted on April 14, 2025 in Prenuptial Agreements

No one signs a prenuptial agreement thinking that they will definitely need it one day. Regardless, divorce is common, and often, with that process comes the division of assets, child custody, and more stressful considerations. Prenuptial agreements can simplify or complicate divorce. If you need to contest a prenup, a Naperville, IL prenuptial agreement attorney can help you understand the legal options available and what you need to seek a better arrangement.

What Are the Grounds For Contesting a Prenuptial Agreement?

A standard prenuptial agreement outlines what will happen to assets and liabilities should the marriage result in divorce. Sometimes, this works more in favor of one party. There are many reasons to contest a prenup, including but not limited to the following:

• Unconscionability: Maybe you were pressured to sign without understanding the terms, or you were unaware of the other party’s true financial situation. 

• Duress, coercion, or fraud: You were threatened with financial or emotional loss or forced to sign when you otherwise would not.

• Mistake: You made a material mistake when signing, such as undervaluing a significant asset.

Every case is different, and sometimes, the circumstances can change significantly since you signed, making the initial terms unfair. A skilled attorney will consider all the details unique to your situation before advising you on what you can do to challenge your prenup.

What Do You Need To Do To Challenge a Prenup?

According to Illinois’s Uniform Premarital Agreement Act, a prenup must be in writing and signed by both parties. The first step in challenging a prenup is to take that agreement to an experienced divorce attorney for review. This is a legal, complex document that requires someone with knowledge about the laws that bind premarital contracts. 

You will also want to gather evidence. Any documentation that will support your claims against the agreement will be useful. For example, if you signed under duress or were coerced, you can present videos or texts showing that they pressured you to sign or proof that they tampered with the document without your knowledge. Financial records, witnesses, and emails can make solid evidence as well. 

Schedule a Consultation With a Naperville, IL Divorce Attorney

People often challenge unfair prenuptial agreements because much can be at stake in these cases. A DuPage County, IL prenuptial agreement lawyer at Calabrese Associates, P.C. can offer a fair assessment of the document, your claim, and the evidence available. Call 630-393-3111 today to schedule an initial meeting and get the answers you need to start moving forward with a fair chance.