Areas & Topics

Prenuptial Agreements are Invalid if Unconscionable, or if Assets are not Disclosed

The Illinois Prenuptial Agreement Act provides that prenuptial agreements are not enforcible if they are unconscionable (unfairly one-sided), or if a party fails to reasonably disclose his/her assets before marriage, unless the right to disclosure is waived in writing.  However, a wife's attack on a prenuptial agreement was rejected where she voluntarily signed the agreement without reading it, and the husband made a fair, but not full, disclosure of his assets and liabilities before marriage.  An agreement is not unconscionable just because it is one-sided.  A valid prenuptial agreement replaces the marital rights of the parties under the law.  Marriage of Woodrum (Illinois Court of Appeals, 3rd district, Sept 20, 2018).

No Comments

Leave a comment
Comment Information

David M. Duree and Associates, P.C.
312 South Lincoln Avenue
O'Fallon, IL 62269
Phone: 618-589-0956
Fax: 618-628-0259
Email
Map and Directions