Family Law

How Do I Make Sure My Prenuptial Agreement Will Hold Up in Court?

If you’re considering a prenuptial agreement, it’s because you value preparedness. You want to step into marriage with clarity, honesty, and a plan for the future. But all that preparation can go to waste if your prenup isn’t drafted correctly. The last thing you want is to think you’ve safeguarded your future, only to find out later in a divorce that the agreement is invalid.

At SLG Family Law, our attorneys have worked with many couples over the years, helping them create solid prenuptial agreements that withstand legal scrutiny.

For a prenuptial agreement to be enforceable, it must be:

• Signed voluntarily
• Accompanied by full financial disclosure
• Fair and reasonable
• Properly executed

With these principles in mind, let’s examine what you need to know and do to create a prenuptial agreement that offers clarity, protection, and peace of mind.

Will a Court Invalidate Your Prenuptial Agreement?

While prenuptial agreements are typically upheld by courts and designed to be legally binding, there are specific circumstances where a court will invalidate one. This can happen if the agreement was signed under duress, coercion, or without full financial disclosure from both parties. A court may also nullify a prenup if its terms are grossly unfair or if it wasn’t properly signed and notarized. Should a prenuptial agreement be invalidated, it can significantly prolong the legal process, introduce considerable complications, and ultimately reduce your control over the divorce proceedings.

How Do I Make a Prenup Legally Enforceable?

Here’s how to make your prenuptial agreement legally enforceable:

1. Agree voluntarily: Make sure both you and your partner willingly agree to the terms without any pressure or coercion.  
2. Understand the terms: Take the time to review and fully understand what you’re signing. Consulting a lawyer can help clarify any details.  
3. Be financially transparent: Disclose all your financial information, including assets, debts, income, and any future inheritances.  
4. Keep it fair: While the agreement doesn’t have to split everything equally, the terms should be reasonable to both parties.  
5. Follow legal procedures: Verify that your prenup meets your state’s requirements for signatures, witnesses, and notarization.

By taking these steps, you can create a prenup that holds up legally and protects both parties.

Do Prenups Need to Be Updated Over Time to Stay Valid?

Life changes significantly after marriage. New children, major career shifts, business ownership, substantial inheritances, or dramatic income changes can all affect your prenup’s relevance. While prenuptial agreements don’t technically “expire,” significant life changes may leave them outdated or vulnerable to legal challenge.

A prenup written when you were both earning modest salaries might not reflect reality if one spouse later builds a multimillion-dollar business. Postnuptial agreements offer an excellent option for updating your original agreement to reflect your current circumstances and protect both parties fairly.

Can We Write Our Own Prenup Without Lawyers and Have It Hold Up?

DIY prenups are technically possible but extremely risky. Courts are far less likely to enforce self-written agreements because they often contain legal flaws, unclear language, or fail to meet state-specific requirements. Without legal training, you might miss critical disclosure requirements or create unenforceable terms.

How Can a Family Law Attorney Make Sure My Prenup Is Ironclad?

Experienced family law attorneys handle the complex requirements that make prenups enforceable. They guide complete financial disclosure and proper documentation, draft clear and legally sound terms, and anticipate future issues like retirement accounts, spousal support, or business interests.

Having separate attorneys for each spouse prevents future claims of coercion or inadequate representation. Your attorney will review the agreement thoroughly, explain all terms clearly, and make sure it complies with Illinois state law requirements.

Protect Your Future With a Valid Prenup

A prenuptial agreement isn’t just paperwork—it’s a reflection of your commitment to planning wisely for the future. But even the most thoughtful plan can fall apart if it isn’t legally enforceable.

Don’t let your preparation go to waste. At SLG Family Law, our experienced attorneys know what it takes to create prenuptial agreements that hold up in court and stand the test of time. If you’re ready to safeguard your future with confidence, we’re here to help you do it right from the start. Contact us today!