That means that a judge has the power to disregard or change parts of the postnuptial agreement if it’s deemed necessary. In Illinois, existing agreements, including postnuptial agreements, are used as the basis for property division as long as they’re fair. In this case, the court may uphold parts of the contract and change others. The signed agreement is so completely unfair it can’t be enforced in good conscience.One spouse misrepresented themselves or their assets when signing the agreement.One spouse coerces the other into signing a postnuptial agreement against their will.Here are a few example scenarios where a postnuptial agreement might not be enforced: However, according to the law if a postnuptial agreement is found to be “unconscionable”, it will be thrown out. In Illinois, a pre or postnuptial agreement that is made willingly and is generally fair and equitable will be enforced. Is a Postnup Always Enforced During an Illinois Divorce?
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