In re Marriage of Woodrum

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Case Number: 
2018 IL App (3d) 170369
Decision Date: 
Thursday, September 20, 2018
3d Dist.
McDonough Co.

In dissolution proceedings, court awarded wife temporary maintenance and found the parties' prenuptial agreement was valid and enforceable. Failure to disclose any particular piece of property or financial obligation is not fatal to enforcement of a prenuptial agreement. Wife failed to meet her burden of proving that she did not have, or reasonably could not have had, an adequate knowledge of husband's property or financial obligations. Wife cannot claim a lack of understand of agreement or that it misled her, where she did not read it. Court properly found that agreement was not substantively or procedurally unconscionable. Maintenance provision in agreement, wherein parties waived maintenance, was not effective until dissolution or at time of a legal separation, and thus court did not err in awarding temporary maintenance during pendency of dissolution proceedings. (SCHMIDT and WRIGHT, concurring.)