Agreements

1. Generally

Generally speaking, the law favors settlement agreements and encourages parties to try to work out their differences themselves. Thus, IMDMA §502(a) provides that

The parties may enter into a written or oral agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them and support, custody and visitation of their children.[Emphasis added.]

Cf. 750 ILCS 45/12, 45/12.1 (provisions dealing with settlement in parentage context). E.g., In re Marriage of Bush, 191 Ill.App.3d 249, 547 N.E.2d 590, 138 Ill.Dec. 423 (4th Dist. 1989); In re Marriage of Falat, 201 Ill.App.3d 320, 559 N.E.2d 33, 147 Ill.Dec. 33 (1st Dist. 1990).

Nevertheless, the court exercises a greater degree of oversight and review over provisions regarding children (including support and educational expenses) than over provisions regarding property and other strictly adult matters. In re Marriage of Riedy, 130 Ill.App.3d 311, 474 N.E.2d 28, 85 Ill.Dec. 614 (2d Dist. 1985)(stating the dicta that court is bound by conscionable terms of settlement agreement except as they relate to children’s issues); In re Marriage of Holderrieth, 181 Ill.App.3d 199, 536 N.E.2d 946, 129 Ill.Dec. 896 (1st Dist. 1989)(in absence of unconscionability, fraud, or duress in derivation of settlement agreement, settlement agreement rather than statute regarding education expenses (IMDMA §513) controls).

Back to Index

See Also: