How Can I Prove My Spouse Forced Me to Sign a Prenup?

 Posted on October 13, 2022 in Divorce

Although divorce rates are well-known, very few people actually anticipate getting divorced when they get married. If you signed a prenuptial agreement before your wedding, you may not have taken the document seriously or truly investigated its contents. You may also have felt pressured to sign a prenuptial agreement that you did not really want because your spouse, or his or her parents, told you the wedding would not happen without one. This may not have seemed like a big deal at the time, but now that you are getting divorced, your entire marital asset distribution may be dictated by a prenuptial agreement that is fundamentally unfair or that you did not agree to. If this situation sounds familiar to you, contact an Illinois family law attorney right away. 

Can I Prove That I Signed a Prenup Involuntarily? 

Proving involuntariness can be difficult after the fact because it so often comes down to one spouse’s word against the other’s. However, there are a few things that might suggest to a court that you signed your prenuptial agreement under coercion or duress: 

• You did not have the advice of an attorney - This situation is especially problematic if your spouse had an attorney, but you did not. For example, if your spouse’s parents’ attorney drafted a prenuptial agreement that favored your spouse and you did not have the time or resources to hire an attorney of your own, you may have been put at a serious disadvantage. 

• You signed the prenuptial agreement right before the wedding - If the prenuptial agreement is dated immediately before the wedding, and you are arguing that your spouse presented you with a prenuptial agreement after the wedding had already been planned and paid for, this could be seen as coercion.

• Testimony from family and friends - You may have been shocked or dismayed at the prenuptial agreement and discussed it with family or friends who can offer written testimony supporting your claim. You may also have journal entries from this time that could be useful. 

• You were under the influence of alcohol or drugs - If you struggled with an addiction problem prior to getting married, you may have signed the prenuptial agreement without fully comprehending its contents or consequences. 

• You did not understand your spouse’s full asset picture - If you learned more about your spouse’s assets, debts, or other financial matters after you were already married and these matters were not discussed in the prenuptial agreement, you did not have the information you needed to fully consent to the agreement. 

If any of these circumstances describe the conditions under which you signed your prenuptial agreement, you may have a good chance of fighting it. An experienced lawyer can review your prenuptial agreement, listen to your side of the story, and help you determine whether you want to fight the prenuptial agreement in Illinois divorce court. 

Contact a Wheaton, IL Prenuptial Agreement Dispute Attorney Today

Being bound by an unfair prenuptial agreement can be frightening and confusing. Fortunately, you may be able to do something about it. With the help of a DuPage County prenuptial agreement dispute lawyer, you can try to prove your spouse coerced you into signing a prenuptial agreement. Call the offices of The Stogsdill Law Firm, P.C. today at 630-462-9500 to schedule a comprehensive consultation and learn more about your options. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59