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Ways to Challenge Prenuptial Agreements in Divorce Cases
Prenuptial agreements can be valid if properly entered into by the parties.
In terms of challenges, in order for a prenuptial agreement to be upheld, there should be full disclosure and mutual assent, free of duress or coercion.
Prenuptial agreements may or may not be properly drawn and may or may not identify all material terms and conditions.
In terms of full disclosure, documentation referenced same relied upon, including financial statements and tax returns, should be attached to and incorporated in the prenuptial agreement as exhibits.
Both parties should not use the same attorney or law firm, since that may represent a conflict of interest.
When possible, each party should use separate counsel and a final draft of a prenuptial agreement should be the result of robust negotiations and/or redrafting occurring among the attorneys with participation of the parties.
In dividing property, the Illinois court considers all relevant factors including the contribution of each party to the value of the property, particularly the contribution of a spouse as a homemaker, the value of the property distributed to each spouse, the length of the marriage, the financial situation of each spouse when the property is divided, (such as the need to give the family home to the spouse who has custody of the children), any obligations and rights arising from a prior marriage of either party, the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the custody of any children, and the reasonable opportunity of each spouse for future acquisition of capital assets and income.
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