Uncertainty about the future can leave many engaged couples nervous about their marriage, and they may wonder whether getting married is the next best step. Fortunately, a prenuptial agreement can be a good option to make use of for any couple intending to get married. While they may have previously been reserved for the rich and famous, prenuptial agreements have become more and more common as couples have opted to get married later in life with more financial assets to bring into their marriage. It is always advisable to sign a prenuptial agreement before walking down the aisle, since this legal agreement can help alleviate any concerns that may arise regarding the possibility of divorce. Prenups can save you a great deal of time and protect you from emotional turmoil in the future, but only if all of the terms are valid and enforceable. You should be aware of certain problems that could make your prenuptial agreement invalid, including the following:

The Prenup Is Fraudulent

Spouses may attempt to conceal or undervalue their assets to keep them out of the property division process in a potential divorce. However, it is required that each spouse fully disclose his or her assets before signing a prenuptial agreement. If it is found that a spouse did not fully disclose their assets or financial information, a prenup can be deemed invalid by a court. 

Rarely are divorces completely amicable, without any disagreements throughout the divorce proceedings. Divorce often can be an emotional, life-altering process that can be difficult for some people to deal with in a healthy manner. When children are involved, many times the disagreements can increase. Unfortunately, some divorcing parents wrongfully involve their children in their disputes with their soon-to-be-former spouse, and some parents even deliberately attempt to turn their children against their other parent. These kinds of attempts are known as “parental alienation syndrome.” If you suspect that this is occurring in your divorce, you should contact a skilled family lawyer to help protect your rights with regard to your children throughout the case.

For some, the financial implications of a divorce may be more harmful than the end of their relationship. It can take months, or even years, for couples to make the decision to file for divorce and their romantic relationship has often deteriorated long before they have even come to this realization. Some spouses may stay together simply because of their financial reliance on each other. In order to prevent people from remaining in an unhappy marriage due to their inability to live financially independent, Illinois courts will evaluate the individuals’ financial situation during the divorce process and determine whether or not financial assistance is needed for either party. It can be a shock to transition from living off of a combined income to barely scraping by on a single income, but often the spouse with the lower income is likely eligible to receive financial assistance, known as spousal maintenance, or spousal support, or alimony, from his or her former spouse.

The idea of signing a prenuptial agreement (prenup) is often thought to be a taboo topic to bring up with your spouse or loved one. Some people may think that wanting a prenup is a sign that you do not trust your soon-to-be spouse, or that you do not see the marriage lasting. While these perceived negatives do exist with regard to prenups, many millennials are still deciding to enter into this legal document. In the past, many couples got married right out of high school or college, with little or no savings or income, and also filing for divorce was considered giving up too easily. But times have changed, and so have views regarding marriage. With many couples waiting to get married until they are in their 30s or even 40s, such individuals often have many more assets to bring into a marriage, making them want to consider entering into a prenuptial agreement.

Every step of the divorce process is difficult. First, you make the decision to get a divorce that will forever alter your life, and then you must watch your life be divided up by two legal teams and your former spouse. Typically, children and finances are the subjects that bring up the most deliberation between soon-to-be exes. It can be difficult to watch everything in your life become a number to be split, but unfortunately, this is inevitable for those filing for divorce. Some couples may keep separate bank accounts throughout their marriage for their own sense of security and to be prepared for divorce if the relationship does not last. This decision is often made without consulting legal professionals or having a proper understanding of Illinois’ property division laws. Before you and your spouse decide to stay financially separate, you should recognize how this will affect your divorce.