However, a prenup cannot contain provisions for child support or child custody. In fact, this makes up the bulk of many premarital agreements. A premarital agreement may include a provision for the division of assets during a divorce. There are certain terms that cannot be included in a premarital agreement and if they appear, a judge may deem those terms unenforceable. What Can You Include in an Illinois Prenup? However, there are other issues that could deem her agreement with Blackstock unenforceable. In Clarkson’s case, none of these situations may apply. In order for a premarital agreement to be deemed unconscionable, both parties must have been aware at the time of the signing, not the time of the divorce, that the agreement was unfair. This would make a premarital agreement unenforceable.
Unconscionable: A family court may find that the agreement was unreasonable or unconscionable to one party and would leave him or her at a great disadvantage in case of divorce.Fraud: If it is found that one person lied to the other about their assets at the time of signing the premarital agreement, the document may not be legally binding.For this reason, premarital agreements signed just before the wedding ceremony takes place are often considered unenforceable because it is reasonably assumed that one party threatened the other to get him or her to sign it. Duress involves a wrongful act or threat to the other party to sign the agreement. Duress: Each party must willingly sign the agreement and not be under any type of duress when signing.However, there are instances in which a premarital agreement may not be enforced. Generally speaking, premarital agreements in Illinois are enforceable as long as the agreement is in writing and both parties have willingly signed it. The case was filed in a Los Angeles court, but would the court approve her requests if she filed in Illinois? How can you ensure that your premarital agreement is enforced in the Prairie State? What Makes a Prenup Invalid in Illinois?
Reportedly, the prenup outlines an arrangement for legal and physical joint custody of their children, and Clarkson is asking the court to terminate Blackstock’s right to ask for spousal support. Clarkson is worth an estimated $45 million and is stating that she wants her prenuptial agreement enforced. Recently, Kelly Clarkson filed for divorce from her husband, Brandon Blackstock, after nearly seven years of marriage.
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Call 84 to schedule a free initial consultation. For more than 30 years, we've been providing sensitive and effective legal counsel to couples in the greater Chicago area. If you would like to learn more about the possible benefits of a postnuptial agreement, we invite you to contact a family lawyer at Anderson & Associates. The Illinois firm won a precedent-setting postnuptial case on appeal, and has experienced lawyers ready to serve clients with postmarital agreement needs. It can also be helpful during a time of marital problems, providing peace of mind to a spouse who feels at financial risk but who might be willing to work on a relationship if they felt their interests were protected.Īt the law office of Anderson & Associates, our family law attorneys assist couples in reviewing or drafting enforceable marital agreements. It can also define who is responsible for debts.Ī post-nuptial agreement is often used to protect the marital property interests of one spouse if the other spouse is about to embark on a risky business venture. A postnuptial agreement typically defines the "character" of all or a portion of marital assets, defining ownership of certain property. Marital agreements, whether drawn up before or after the wedding, are legally enforceable contracts between a husband and a wife. Schaumburg Postnuptial Agreement Lawyers Why Have a Postnuptial Agreement in Illinois?