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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 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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