Is it possible to get out of a pre-marital agreement if it isn’t agreeableto both parties?

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Is it possible to get out of a pre-marital agreement if it isn’t agreeableto both parties?

After 11 years of marriage?

Asked on November 9, 2010 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A pre-marital agreement is a contract between parties so all the laws that apply to contract apply to it, no matter when it was executed.  You hear of agreements being challenged all the time by wives in an action for divorce.  It is difficult but I am sure that it can be done if the grounds are there.  you need to take it to a VERY GOOD divorce lawyer; one who is familiar with the workings of the law in this area.  Let he or she read the agreement and see if in fact there are grounds for contesting it.  But not being "agreeable" is not really a challenge under the law.  There has to be more than that Good luck.


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