Will a Judge Honor a Divorce Agreement?

 Posted on March 08, 2025 in Prenuptial Agreements

Many spouses have agreements in place about how to handle a divorce, such as a prenuptial or postnuptial contract. These can lay the framework for how important issues like spousal support and property division will be addressed. However, you may be surprised to learn that a judge is not always obligated to honor a deal between spouses. With the help of an Illinois divorce attorney, you can make a legally binding marital agreement with your spouse.

At Pesce Law Group, P.C., we know just how complicated a divorce can get. Our family law attorneys are here to walk you through the steps of petitioning for divorce to make sure the process goes as smoothly as possible.

Is The Agreement in Writing?

A verbal agreement is not legally binding by itself. Of course, if you and your spouse agree on a particular issue – like who will get the marital home – then you can always settle outside of court in an uncontested divorce. However, if you are looking for a legally enforceable agreement, you will have to draft a pre- or postnuptial agreement in writing.

A marital agreement is only valid if both parties put their signatures on the document. If one party appears to have been coerced into signing, the judge might not honor the agreement in court. Our attorneys can help you draft a written prenup or postnup to address all of your concerns.

Are The Terms Legal?

A marital agreement can address practically any financial issue in a divorce. Inheritance, retirement accounts, family businesses, and much more can all be covered in a marital agreement, simplifying complex issues in case of a divorce.

However, there are limits to what a pre- or postnuptial agreement can do. Child custody, for instance, is completely off-limits. Since the courts consider the child’s best interests first, an agreement between spouses will not take precedence. Similarly, a prenup cannot affect child support payments. At Pesce Law Group, P.C., we will review your marital agreement and advise you of what you can and cannot do.

Are The Terms Fair?

Another important thing to consider with a marital agreement is that it will always be reviewed by a judge. Illinois is an equitable distribution state, which means that all property must be divided fairly. If the judge finds that your agreement is blatantly unfair to one party, the agreement could be dismissed. Even if your marital agreement is completely legal and you obtain your partner’s consent, it is still subject to a judge’s approval.

In relationships where one party earns significantly more than the other, the marital agreement might receive more scrutiny. To ensure that your partner is not left financially destitute, you may have to include terms for alimony or a greater share of marital assets.

Meet With a Naperville, IL Family Law Attorney

Even if divorce never comes to pass, drafting a marital agreement can reduce the pressure on you and your spouse. At Pesce Law Group, P.C., our DuPage County, IL divorce lawyers can help you make a legally sound agreement. Call us at 630-352-2240 today to get started with a free initial consultation.