I heard that we can do our own pre-nup and that pre-nups never hold up...

One of the first ways you can go about creating an invalid prenup is by creating it yourselves.

By Karen A. Covy, J.D.
October 17, 2011
IL FAQ/Legal Issues/Prenuptial/Postnuptial Agreements

If you have assets worth protecting, then you need to spend the money to protect them properly. Unless you are a lawyer yourself, doing your own pre-nup is probably going to be as worthless as having no pre-nup at all.

No. If pre-nups never held up in court no one would ever bother doing one. That having been said, there are several things that can invalidate a pre-nup. For example, if your then fiancé didn’t tell you the truth about his or her assets, or if your fiancé handed you a pre-nup five minutes before you were set to walk down the aisle in a packed church after you had just dished out $50,000.00 in wedding expenses, and said “sign this or the wedding is off,” then a court could invalidate the pre-nup. What you need to keep in mind is that a pre-nup is just a contract. Whether it will hold up in a divorce depends, among other things, on how well it was written, how comprehensive it is, whether both parties were honest in the disclosure of their finances, and whether it was entered into freely by both parties.

Karen A. Covy, J.D. is a divorce attorney and family law mediator in Chicago Illinois . She is the author of When Happily Ever After Ends, How to Survive Your Divorce Emotionally, Financially and Legally.

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October 17, 2011
Categories:  FAQs

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