A prenuptial agreement should not act as an insurmountable barrier to divorce. If the terms of your prenuptial or postnuptial agreement leave you with nothing, you might feel that you are trapped in your marriage because leaving would lead to financial ruin. However, courts can refuse to enforce marital contracts that are extremely unfair, or that one party was coerced into signing. If your prenuptial agreement is the main reason you have not filed for divorce even though you want to end your marriage, you should speak to an experienced Lisle, IL divorce lawyer about whether the court could set it aside.
When Will Courts Refuse to Enforce a Prenuptial Agreement?
Courts might refuse to enforce premarital contracts in cases of:
- Coercion – If your spouse created a situation where you felt that you had to sign the agreement he or she wanted you to, you might have been coerced. For example, if your spouse hired his attorney to draft a prenuptial agreement without your input and then presented you with the agreement the morning of the wedding, threatening to call off the marriage unless you signed, this might be coercion.