Kane County Attorneys for Contesting a Prenuptial Agreement
Prenuptial Agreement Lawyers Serving St. Charles, Batavia, Geneva, and the Fox Valley Area
A prenuptial or premarital agreement can be an extremely useful tool in providing for the long-term security of both parties to marriage. While such an agreement may require some uncomfortable negotiation prior to the marriage, it can establish guidelines for the allocation of property and debts and the entitlement to maintenance in the event of divorce. When properly drafted and executed, a prenuptial agreement is very likely to be upheld by the court. At Bochte, Kuzniar & Navigato, P.C., however, we understand that many agreements may not, in fact, be valid, and we will work tirelessly to protect your rights.
Prenuptial Agreement Contests in Illinois
For more than 40 years, our attorneys have been representing clients throughout the area in all types of family law matters. We recognize the sensitivity of such concerns and are always cognizant of the future implications of the outcome of your case. When you are party to a prenuptial agreement that you believe should be set aside, you can rely on our experience to help you fully understand your available options.
Depending upon the construction of the prenuptial agreement and the circumstances of your marriage, we can request that the court refuse to enforce some or all of the terms of the agreement. To do so, our team will work with you in showing that:
- Your spouse did not fully disclose all assets, property, or debts;
- You and your spouse did not retain separate legal counsel during the development of the agreement;
- You were coerced or forced to sign the agreement; or
- The terms of the agreement were unconscionable at the time you entered into the agreement.
Hardworking Family Lawyers
Of all the reasons to have a prenuptial agreement set aside, the most common is the lack of full financial disclosure. It is possible for an agreement to be unenforceable due to coercion, lack of counsel, or unconscionable terms, but, in general, they represent fairly extreme situations. Conversely, it is not unusual for one spouse to withhold information about assets or debts during the drafting of the prenuptial agreement. Anything less than full disclosure, whether or not the omission was intentional, could result in the entire document being set aside as unenforceable.
Help for Your Case in Illinois
When you work with Bochte, Kuzniar & Navigato, P.C., you become part of a team that is committed to helping you achieve the future that you deserve for yourself and your family. We take pride in providing responsible, reliable representation for our clients as they deal with intensely personal legal matters. For more information about how we can help you challenge your prenuptial agreement, contact our office today at (630) 377-7770. Our law firm is proud to serve the needs of families in St. Charles, Elgin, Batavia, Aurora, Wheaton, Naperville, Kane County, DuPage County, DeKalb County, and Kendall County.