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What if My Spouse and I Have an Illinois Prenuptial Agreement and Want a Divorce?

DuPage County Divorce Lawyers for Prenuptial Agreements

Before you and your spouse's prenuptial agreement can be enforced, it needs to be inspected for the validity and enforceability of the mentioned agreements in the document. Some of these can be challenged in one form or another. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can assist you, whether you are calling your prenuptial agreement into question or want clarification when drafting one.

Prenups can be challenged under what is called the Illinois Uniform Premarital Agreement Act because there are prenuptial agreements that are not enforceable or valid in certain circumstances. Even if the prenuptial agreement passes the challenges made towards it, there could still be aspects that fail to disclose some marital assets. A common issue that occurs is the failure to provide what assets were accumulated before and after the date of marriage. This is just one of many possible problems.

When Will the Court Refuse to Enforce a Prenuptial Agreement?

If one of the spouses will receive a disproportionate amount of the assets that is not equitable, the court may not rule in favor of the marital agreement. This often happens when one spouse does not reveal all of their assets and debts before signing the agreement. It is important to remember that prenuptial agreements can be brought into question even if it seems like you and your spouse thought of everything in the legal planning process before marriage.

Contact a DuPage County Prenuptial Agreement Lawyer

At MKFM Law, we have been assisting clients during divorce and other family law cases for decades. We understand the sensitivity and the knowledge required to provide the best representation. If you and your spouse have questions regarding your prenuptial agreement, please contact us so we can set up an appointment. Whether you live in Kendall, Kane, or DuPage County, please give us a call at 630-665-7300, so we can help you right away.

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St. Charles, IL 60174
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree