Are You Seeking a Divorce in Chicago but Your Prenup is One-Sided? Find Out Why Unfair Prenups May Not Hold Up in Court
Some individuals who are interested in potentially getting a divorce, or who have already initiated the Chicago divorce process, might wonder exactly what happens if they signed a prenuptial agreement, but the agreement is very unfair to their side. Indeed, when a person gets a divorce in Chicago, their divorce may be subject to a prenuptial agreement if they signed one, and their soon-to-be ex-spouse may seek to enforce it during the proceedings. But are individuals in Chicago bound by prenuptial agreements that are grossly one-sided when it comes to favorable terms to one party? And where can individuals in the Chicago-area go for legal help with their prenuptial agreement issues? We answer those questions here.
Prenuptial Agreements in Chicago Divorce Cases – What are They?
No discussion about whether or not a prenuptial agreement might be enforced, even if it is grossly unfair, is complete without discussing first what a prenuptial agreement is in the context of a Chicago divorce case. Simply put, a prenuptial agreement is a written contract that two soon-to-be married fiancés sign in advance of saying “I do.” A prenuptial agreement sets forth the terms of a potential divorce of the couple’s marriage, including the couple’s agreement on the important issues of child support, child custody, alimony, and property division. If there is a prenuptial agreement in a Chicago divorce case, and it is enforceable, the judge in the case will likely make determinations that are consistent with the prenuptial agreement.
When Prenuptial Agreements are Unenforceable – Unconscionability
Not all prenuptial agreements are enforceable in every Chicago divorce case. Indeed, one of the primary reasons a Chicago court may refuse to enforce a prenuptial agreement is if the agreement is excessively unfair to one of the soon-to-be divorced individuals. For example, if one party waives all rights to property, alimony, or other financial support while the other spouse retains everything themselves, a judge may find this arrangement to be legally unconscionable. Although Chicago courts do not necessarily require that prenups be perfectly equal, they do expect prenuptial agreements to be fair. As such, if enforcing the prenuptial agreement would leave one spouse at a severe disadvantage and is unfairly favorable rising to the level of unconscionability, a Chicago court might refuse to uphold it.
Getting Help with Your Prenuptial Agreement Matters in Chicago – Chicago Prenuptial Agreements Lawyer
The truth of the matter is that while prenuptial agreements can be advantageous to both parties in many Chicago divorce cases, some may raise red flags, and may not be enforceable. If you are in the Chicago area and you need legal help with your prenuptial agreement matters, contact the experienced Chicago prenuptial agreements lawyers at the law firm Arnoux Sharma Standeford, LLC. The experienced Chicago prenuptial agreements lawyers at Arnoux Sharma Standeford, LLC are here to help individuals in Chicago with their complex divorce and prenuptial agreement issues. Do not hesitate to speak to an experienced lawyer about your case today. Contact Arnoux Sharma Standeford, LLC and chat with a lawyer about your case now.
