Supreme Court of Illinois

In a dissolution of marriage action, the appellate court's sua sponte reversal the trial court's declaratory judgment order addressing the validity and effect of a premarital agreement is reversed where the second prong of the declaratory judgment statute was met even though a final dissolution order had not been entered. Determination that the spousal support and insurance coverage waivers in the premarital agreement apply only if the parties are legally separated is affirmed.

Appellate Information

• Decided 03/20/2008
• Published 03/20/2008

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Schiller, Du Canto & Fleck LLP, Lake Forest (Charles J. Fleck, Celia G. Gamrath, of counsel), for appellant., Kathryn D. Farmer, Chicago (Paul L. Feinstein, of counsel), for amicus curiae Illinois Chapter, American Academy of Matrimonial Lawyers.


• For Appellees:
  
• No appearance for appellee.