Is My Prenup Still Enforceable?

 Posted on May 07, 2025 in Divorce

Divorcing over 50 can come with some understandable anxiety, especially if you have been married for a long time. If you have a prenuptial agreement in place, it could help to alleviate some of the uncertainty – but you may wonder, after many years of being married, does it still hold up? An Illinois gray divorce attorney can review your agreement and bring your attention to any potential issues.

At Divorce Over 50 - Goostree Law Group, we understand how important a prenup can be for your financial security. When you work with our firm, we will take a close look at the document and help you advocate for its validity in court if necessary.

Is Your Prenuptial Agreement Conscionable?

Illinois places a large emphasis on fairness in divorce. If a prenuptial agreement is grossly unfair to one party, the courts can choose not to enforce it even if the terms are technically legal. For an extreme example, if the prenup specified an 80/20 split of marital property, that could be considered unconscionable.

Before proceeding with your divorce, you should take the time to go through your prenuptial agreement. If the terms seem lopsided in favor of one party, it could be thrown out of court. At Divorce Over 50 - Goostree Law Group, we can help you account for different possibilities during your divorce and advocate for your best interests.

Was the Prenuptial Agreement Signed Voluntarily?

A prenuptial agreement is only binding if both parties sign of their own free will. This means that if either you or your spouse signed the agreement under pressure or through coercion, the agreement might not be valid. That being said, there is a burden of proof associated with claims of coercion. If you or your spouse cannot produce evidence of coercion, the prenuptial agreement could still be approved.

At Divorce Over 50 - Goostree Law Group, we can represent you on either side of a dispute over a prenuptial agreement. Our family lawyers can help make a case for the enforcement or nullification of a prenup on your behalf.

Did the Prenup Provide Reasonable Disclosure?

When a couple enters into a prenuptial agreement, there is an expectation that both sides are being honest with each other. As part of your prenup, you and your spouse must give each other a clear disclosure of all of your finances. This includes not only your assets but your debts as well. The reason for this is to prevent an unfair division of property due to a lack of knowledge.

The one exception to this rule is if your prenup includes a clause about waiving the right to reasonable disclosure. Our attorneys can help defend your prenup against challenges if you believe that you provided reasonable disclosure.

Meet With a Naperville, IL Gray Divorce Lawyer

A prenup can be critically important for navigating your divorce. If you have concerns about whether or not your prenuptial agreement is still valid after a long marriage, our DuPage County, IL family law attorneys at Divorce Over 50 - Goostree Law Group are here to assist you. Call our offices at 630-634-5050 for a free consultation today.