Legal Question in Family Law in Illinois

Pre nuptial contract

I previously asked a question about a generic pre nup my fiance and I printed off from computer. It wasn't something that we actually ''purchased''. We just wanted a general idea of the things it had listed to know what we wanted a lawyer to come up with. One of the last paragraphs of this pre nup said that in the case I would try to fight it or contest it if in fact we would get a divorce,, it had on there that a judge could change or null and voide the whole contract if he wanted to. My fiance said that all pre nup's would have such a thing stated. Is it possible to not have that provision in there and just say that when we sign the pre nup is rock solid? It was my idea for this pre nup and I would never try to break it but my fiance said that the judge could anyway and now is not so sure marriage is the thing to do. I just need to know that a pre nup can be rock solid no matter who would try to change the contents. Just like my divorce papers said that once signed... it could not be changed or reversed for any reason.


Asked on 6/04/08, 8:00 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Pre nuptial contract

There is absolutely no way a prenup can be "rock solid". I guarantee that. It has to do with the laws, the mandate for equity in divorce and so on. Also, making your own or downloading one from the Internet will be very unlikely to hold up. There are many things attorneys can do to strengthen a prenup, including the way in which the document is actually signed.

Lastly, divorce 'papers' (I assume you mean Divorce decrees) can be changed as well. I do it all the time. There are very few civil judgments (which includes divorce) that cannot be challenged, and altered or defeated. There is no magic bullet.

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Answered on 6/07/08, 9:54 pm


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