Question about prenup

What is the name of your state?IL

I've a question about prenups for my sister in law. The prenup was signed the day before her wedding, against her will, but she signed as to avoid a cancellation of the wedding.
The couple is now currently about to get divorced, in less than a year. Is this prenup still valid?
It seems to me that it would not be.

Thanks in advance,

fdax

She'd need to have an attorney review the prenup and give her an opinion. However, if they have only been married for less than a year, even without a prenup, what does she expect to walk away with? There would not be alimony and they each can likely walk away with what they brought to the marriage, plus split marital debt.

How much would getting the prenup thrown out change her potential settlement? Is it worth the legal cost? My husband signed a prenup when we married - he considered it quite fair that my home would stay mine, and my savings stay mine if we divorced.

I'm not sure what she's looking for to be honest. He has criminal charges pending against him for domestic violence against her and has not been home in weeks. I've been supporting her as she is from another country and not legally allowed to work yet. So...I would imagine she would like some sort of compensation but after reading your post, it doesn't appear to be possible. Is this a correct reading on my part?

Thanks

She should consult with an attorney- I am not one. However, a marriage that short would not usually have spousal support ordered. I don't know what assets and debts they have accumulated together SINCE the marriage, but those are typically split between the parties.

If all you're asking is "Is A prenup still valid even with a marriage shorter than a year?" the answer is YES. It's valid for a day or a lifetime.

If you're asking if your sister's prenup is valid, there is no way to know without having the document in front of us.

Have your sister go see an attorney, but also tell her not to hold her breath about it NOT being valid.

Sounds like duress to me.

"The prenup was signed the day before her wedding, against her will, but she signed as to avoid a cancellation of the wedding."

A will or prenup signed "under duress" is invalid. The issue is whether she can prove it was signed "under duress". Only a qualified attorney can advise whether there's enough evidence to prove the prenup was signed "under duress".

Here are two key facts relevant to this situation:

1. It was signed the day before her wedding (even the number of hours before the wedding is relevant here), and

2. It was signed "against her will" .

Fact 1 **suggests** that the prenup was signed under duress.

Fact 2 is an allegation that needs to be backed up by real, admissible proof. Did she tell anyone she was signing it "against her will" on the day (and even the moment) when she signed it? Did she say anything -- to anyone -- (other than her husband, of course) that would lead a reasonably prudent person to believe she was, in fact, signing it "against her will"? Did anyone observe her that day? Did anyone witness her signing it, and notice her emotional state? Can anyone testify she was upset? You see where I'm going with all this, I'm sure.

I am not an attorney, I'm a paralegal, so the opinion I offer is unqualified. Only an attorney can give her one that is qualified.

As one of the other posters said.... she was married for so short a time, I'm not sure it matters whether the prenup is valid or not. But you asked, so I answered.

Greensky

This thread is over a year old. This situation is probably resolved.

You're right!

I should have checked the date. I'm very new here and just registered yesterday. Glad you pointed this out.

S'awright....