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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 Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
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