If someone signed a prenuptial agreement, is there any way of getting it set aside during divorce?

By Sean Sullivan
May 09, 2016

There can be. Prenuptial agreements can be set aside if the party seeking to do so can prove that the prenuptial agreement is invalid for some reason. Again, this is a very fact specific driven case and circumstance. Facts that can invalidate a prenuptial agreement are as follows: that it was signed under duress, one of the parties committed fraud or intentionally misrepresented his or her assets, or it was not signed or properly executed by both of the parties. If you've signed a prenuptial agreement but you suspect that it wasn’t valid for some reason, you should explain that to your lawyer and allow your lawyer to analyze and address the specific situation.


Sean Sullivan is a family lawyer practicing in the Elmhurst, Illinois area at the law offices of Laura M Urbik Kern, specializing in child custody and dissolution in divorce. Visit his website, www.laurakern.com, and Divorce Magazine profile.

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May 09, 2016
Categories:  Legal Issues|FAQs

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