What if I Don’t Want to Sign a Prenup?

 Posted on December 16, 2024 in Premarital Agreement

Prenuptial agreements (sometimes called "prenups" for short) are legally binding contracts that two people who plan to get married write and sign before the wedding happens. Like any other contract, as long as the prenup is written and signed according to the law, judges will usually see the prenup as valid if a couple gets divorced. Whatever the prenup discusses, as long as it is legal, the terms could be enforced in a divorce decree. 

Although prenuptial agreements have become more popular in recent years, they are not always a good option for everyone, and unfortunately, they are sometimes used as a tool of power by one person or his or her parents. If you are dealing with issues involving a prenuptial agreement, contact an Illinois family law attorney before you sign anything. 

What Happens if I Do Not Sign the Prenup? 

Relationships are complicated and people often change their minds or decide that something they previously agreed to is no longer something they are willing to do. Unless you are sure that signing a prenup is in your best interest, you can decide at any time before the wedding not to sign it. If you have already signed a prenuptial agreement but have not yet gotten married, the prenup does not do anything until you are legally married to your spouse. 

If your fiance or your fiance's parents have made the wedding conditional on signing a prenup, but you have communicated to them that the prenup is not something you are willing to sign, the marriage itself may not be in your best interests. Overly involved in-laws rarely become less involved once a marriage begins, and you may not want your future in-laws dictating important and private decisions in your marriage. 

That being said, a partner can make a wedding conditional on signing a prenup – that is not against the law, and prenups are, for good reason, very important for many people who want to get married. However, if a prenuptial agreement is presented to one spouse shortly before your wedding. the wedding has already been planned and paid for, and the spouse signs the prenup under pressure, the prenup may not be enforceable. The timing of the prenuptial agreement matters. 

Schedule a Consultation with our Hoffman Estates, IL Family Law Attorney

If your fiance has asked you to sign a prenup, before you do anything else, you should talk to a Rolling Meadows, IL prenuptial agreement lawyer with The Law Office of Nicholas W. Richardson, P.C.. We thoroughly understand these important contracts and will not only give you general information about prenuptial agreements and how they work, but can review the specifics of a prenup in your case and advise you about whether or not it would be in your interests to sign it. 

You can meet with us privately, without your fiance, so you can ask us any questions you have. Call us today at 847.873.6741 to schedule a free consultation.