Prenup Agreements In Illinois

Some fundamental steps must be taken to ensure that a matrimonial agreement is maintained if it is subsequently called into question. A marriage agreement is a contract between two people who want to marry and resolves in advance the issues that may arise in connection with a divorce, such as the division of ownership and the payment of sub-fund. The general rule is that pre-marital agreements are enforceable as long as they are written and signed by both spouses. The Illinois Divorce Courts will abide by the terms of the agreement on most divorce issues, with the exception of custody of children and the allocation of parental time and responsibility. Duress and Coercion: Illinois law states that, in order to be valid, a marriage contract must be signed voluntarily by both parties. A signature obtained by coercion or coercion invalidates a conjugal agreement. In 1962, the Illinois Supreme Court defined coercion as “a condition in which one is brought by an illegitimate act or the threat of another to enter into a contract in circumstances that deprive the individual of free will.” Kaplan v. Kaplan, 25 Ii.2d 181, 185, 182 N.E.2d 706, 708 (1962). The bar is not low.

In Kaplan, the bride-to-be threatened to reveal the groom`s adulterous affair – and that wasn`t enough to prove her “coercion.” Kaplan v. Kaplan, 25 Ii.2d 181, 185, 182 N.E.2d 706, 708 (1962). In another case, the court refused to find the compulsion in which the groom persisted in demanding prior work and making the marital agreement a precondition for marriage. In re: Marriage of Barnes, 324 Ill.App.3d 514, 258 Ill.Dec. 139, 755 N.E.2d 522 (4. Dist., 2001). Changes: Pre-marriage agreements may be amended, but any changes must be made in writing and signed by both parties. Amendments do not require consideration to be valid. As mentioned in the list above, a marriage contract may prevent payment of a warranty in Illinois. Under Illinois law, fianc├ęs are free to include all insemination provisions that both intend to approve. However, a dietary provision may be considered unenforceable if one of the spouses hides information about his finances when the agreement was signed, and the Illinois Uniform Premarital Agreement Act also provides: the other key law is the Illinois Uniform Premarital Agreement Act.