Hollywood is accustomed to ugly divorces. In 2018, Jersey Shore actor Jenni “JWoww” Farley filed for divorce from her husband, Roger Matthews, and now Matthews is contesting the validity of the couple’s prenuptial agreement. While the concerns of reality TV stars do not apply to most of us, any couple can have a prenuptial agreement. If you are going through a divorce, and you have a prenup, you will want to be sure to understand how Illinois law will apply to your case, including whether your prenuptial agreement can be contested.
Prenuptial Agreement Laws in Illinois
The Illinois Uniform Premarital Agreement Act governs all prenuptial agreements filed in the state of Illinois. This law states that to be enforceable, both parties must agree to the prenup and sign it. The agreement will go into effect on the couple’s wedding day.
The Illinois statute includes some provisions on what is unlawful to include in a prenuptial agreement. These include any terms that violate public policy or criminal statutes. Spouses are also not allowed to waive the right to receive child support or agree that a parent will not be required to pay his or her child support obligations....
When a couple goes through a divorce, both spouses typically assume ongoing obligations under a Court order or private settlement agreement, especially when child custody issues and support are a concern. Reconciling oneself to years of mandatory obligations is rarely easy but is necessary to avoid unpleasant legal consequences. However, the law will not support or ignore individuals who attempt to get out of legally enforceable obligations that commonly are most damaging to the needs of the child and not the former spouse.
Courts have a number of ways to compel action from an individual trying to shirk his or her responsibilities, and the most powerful one is holding someone in civil contempt of Court. While this is principally used as a last resort when other collection and compliance methods have failed (i.e. wage garnishment, property liens, suspension of licenses, etc.), this option is an effective measure to spur action.
What is Contempt?...