Friday, May 9, 2014

Interesting Postnuptial Agreement Case in Illinois

In re Marriage of Iqbal

Illinois Appellate Court

Postnuptial agreement (PNA) signed by parties was unenforceable as it violates public policy. PNA gives counselor sole power to determine which parent will have custody of children, as counselor has sole power ot declare whether party seeking divorce is doing so reasonably, and is sole arbiter of whether either party has violated any part of PNA so as to forfeit any claim to custody. PNA is substantively unconscionable, and thus unenforceable, as its terms are significantly one-sided. Court's grant of sole custody to wife not against manifest weight of evidence, as husband often spoke negatively of wife and was found likely to interfere with children's relationship with wife.(ZENOFF, concurring; BURKE, specially concurring.)

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2