Can I Challenge a Prenuptial Agreement in an Illinois Divorce?

 Posted on June 05, 2025 in Prenuptial and Postnuptial Agreements

When a prenuptial agreement you signed years ago no longer represents your wishes, you may be able to challenge it during the divorce process. The terms may be outdated and no longer fair under your current circumstances, making it unreasonable to enforce the contract. If you are concerned that your prenup will result in an undesirable divorce decree, an experienced Wheaton, IL prenuptial agreement attorney may be able to help.

Can a Prenuptial Agreement Be Invalidated in Illinois?

A prenuptial agreement is supposed to make the divorce process easier, but when the terms are no longer appropriate, it should be contested. First, you need to meet with an attorney who will go over the contract with you. Even if the prenup is well-drafted and legally binding, your lawyer may be able to find ways that it is unenforceable. Some common reasons that the court may not honor a prenup include:

• Fraud: If your ex failed to disclose all their assets when the agreement was composed, and you can prove it, you can challenge the contract’s validity based on fraud. The same is true if they did not reveal all their debts.

• Unconscionable terms: If the terms of the agreement obviously favor one spouse over the other, a judge could invalidate it. For example, including provisions about a woman’s weight or property division terms that give everything to one party would likely result in invalidation.

• Lack of representation: If one party signed the agreement without having a legal representative to advise them and help them understand the legal language, the court may set the agreement aside.

• Improper filing: Illinois law stipulates how a prenup must be written and filed to make it legally binding. If you can show that yours was filed incorrectly or poorly worded, you may be able to have it thrown out.

Challenging a prenup is difficult. You will need an attorney with experience in prenuptial and postnuptial agreements to go through your contract with a knowledgeable eye to look for mistakes and evidence that it should be invalidated.

What Evidence is Needed to Challenge a Prenuptial Agreement in Illinois?

Successfully proving that a prenup should be invalidated depends on your ability to present strong evidence. Documentation, like financial records that show discrepancies in the property disclosure process or proof that you were denied the chance to consult with an attorney before signing, can be compelling evidence. You may be able to demonstrate fraud or coercion with emails, texts, and other documented forms of communication. Testimonies from witnesses who were present when the contract was drafted and signed could help validate your claim. Talk to your lawyer about the evidence you will need, and remember that more evidence creates a stronger case.

Talk to a Wheaton, IL Divorce Attorney for Fighting a Prenup

Challenging a prenuptial agreement can be complicated. A well-crafted prenup will be difficult to invalidate, even if you believe it is clearly unfair. The DuPage County, IL divorce lawyer at Davi Law Group can provide answers and explain your legal options to help you fight for a fair divorce settlement. Call 630-657-5052 to schedule a free consultation today. We have extensive experience in complex divorce litigation that you can use to your advantage.