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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.
Grounds for a fault divorce in Illinois are impotence, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for at least two years, repeated and extreme physical or mental cruelty, felony conviction or imprisonment, and infection with a sexually transmitted disease.
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