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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I need help with peenup in chicago. My husvand retained a

Customer Question

I need help with peenup in chicago. My husvand retained a lawyet do called for me. I do not have any engagement letter. Attorney workef more as a mediator, drafted prenup with my husband, i never had any o e on one conversation wirth that lawyer, hi
JA: What state are you in? It matters because laws vary by location.
Customer: Illinois
JA: Has anything been filed or reported?
Customer: I
JA: Anything else you want the lawyer to know before I connect you?
Customer: I filed for divorce, we have prenup, 2 days before wedding, i was forced to waive rights for financial dusclosure. My husband wnd lawyer is a judge infwives rights for
Submitted: 10 days ago.
Category: Legal
Expert:  Irwin Law replied 10 days ago.

A pre-nuptial agreement that was signed under duress, where no financial disclosure took place will be disregarded by the divorce court. Here is a part of the Illinois statute (law) that applies to your case.

(750 ILCS 10/7) (from Ch. 40, par. 2607)
Sec. 7. Enforcement. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1) that party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement undue hardship in light of circumstances not reasonably foreseeable at the time of the execution of the agreement, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid such hardship.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(Source: P.A. 86-966.)

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