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b2ap3_thumbnail_Prenuptial-Agreement2_640.jpgA significant number of couples in this day and age execute premarital agreements—also called prenuptial agreements—to help settle any potentially thorny issues before their marriage. However, not every premarital agreement can be implemented as written. Some provisions are contrary to existing laws, and some are contrary to what is referred to as public policy. It can be more difficult to establish that something is against public policy, but it can be done, and if an agreement is found to violate public policy, it may be declared void.

Defining Public Policy

Public policy is defined as the principle or legal tenet that detracting from the “public good” is an event to be avoided. In other words, if an action shocks the conscience or the sensibilities of the general public, it is generally to be avoided because the public should be protected from injury if possible. This commonly comes up in issues of divorce and child custody, though public policy questions may appear in many different legal arenas. In Illinois, the Uniform Premarital Agreement Act governs such issues in regard to prenuptial contracts.

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