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What Should You do if the Premarital Agreement is Unenforceable or Invalid Prior to Dissolution of Marriage?
Parties could enter into what they believe to be a valid prenuptial agreement.
Over the course of the marriage, one or both parties may learn that the prenuptial agreement may be invalid or not enforceable for any number of reasons.
If a party does not act timely, including in regard to attempting to void or set aside said prenuptial agreement, it is possible that a party may waive their rights to later challenge said prenuptial agreement as a result of any applicable statute of limitations, laches, or otherwise.
In order to file for a divorce in Illinois, one spouse must have been a resident of Illinois for 90 days, and the case must be filed in the county where either spouse lives.
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