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

| Dec 9, 2018 | Uncategorized

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).

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